Tougher Penalties for Child Predators Act (S.C. 2015, c. 23)
Full Document:
Assented to 2015-06-18
Marginal note:2002, c. 1, s. 182
17. Subsection 718.3(4) of the Act is replaced by the following:
Marginal note:Cumulative punishments
(4) The court that sentences an accused shall consider directing
(a) that the term of imprisonment that it imposes be served consecutively to a sentence of imprisonment to which the accused is subject at the time of sentencing; and
(b) that the terms of imprisonment that it imposes at the same time for more than one offence be served consecutively, including when
(i) the offences do not arise out of the same event or series of events,
(ii) one of the offences was committed while the accused was on judicial interim release, including pending the determination of an appeal, or
(iii) one of the offences was committed while the accused was fleeing from a peace officer.
Marginal note:Cumulative punishments — fines
(5) For the purposes of subsection (4), a term of imprisonment includes imprisonment that results from the operation of subsection 734(4).
Marginal note:Cumulative punishments — youth
(6) For the purposes of subsection (4), a sentence of imprisonment includes
(a) a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985;
(b) a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act; and
(c) a sentence that results from the operation of subsection 743.5(1) or (2).
Marginal note:Cumulative punishments — sexual offences against children
(7) When a court sentences an accused at the same time for more than one sexual offence committed against a child, the court shall direct
(a) that a sentence of imprisonment it imposes for an offence under section 163.1 be served consecutively to a sentence of imprisonment it imposes for a sexual offence under another section of this Act committed against a child; and
(b) that a sentence of imprisonment it imposes for a sexual offence committed against a child, other than an offence under section 163.1, be served consecutively to a sentence of imprisonment it imposes for a sexual offence committed against another child other than an offence under section 163.1.
Marginal note:1995, c. 22, s. 6
18. Paragraphs 733.1(1)(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months, or to a fine of not more than $5000, or to both.
Marginal note:1994, c. 44, s. 82
19. Paragraphs 811(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
R.S., c. C-5CANADA EVIDENCE ACT
Marginal note:2002, c. 1, s. 166
20. Subsection 4(2) of the Canada Evidence Act is amended by replacing “170” with “163.1, 170”.
2004, c. 10SEX OFFENDER INFORMATION REGISTRATION ACT
21. Subsection 3(1) of the Sex Offender Information Registration Act is amended by adding the following in alphabetical order:
“sexual offence against a child”
« infraction sexuelle visant un enfant »
“sexual offence against a child” means
(a) a designated offence as defined in subsection 490.011(1) of the Criminal Code that is committed against a person who is under 18 years of age and as a result of which the offender is required to comply with this Act; or
(b) an offence that is committed outside Canada against a person who is under 18 years of age and as a result of which the offender is required to comply with this Act.
22. Subsection 4.1(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) within seven days after they receive a driver’s licence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it;
(b.2) within seven days after they receive a passport or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it; and
23. Subsection 5(1) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):
(i) the licence number and the name of the issuing jurisdiction of every driver’s licence that they hold; and
(j) the passport number and the name of the issuing jurisdiction of every passport that they hold.
Marginal note:2010, c. 17, s. 36
24. (1) The portion of subsection 6(1) of the Act before paragraph (c) is replaced by the following:
Marginal note:Notification of absence
6. (1) Subject to subsection (1.1), a sex offender other than one who is referred to in subsection (1.01) shall notify a person who collects information at the registration centre referred to in section 7.1
(a) before the sex offender’s departure — of the dates of their departure and return and of every address or location at which they expect to stay in Canada or outside Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;
(b) within seven days after their departure — of the date of their return and of every address or location at which they are staying in Canada or outside Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); and
(2) Section 6 of the Act is amended by adding the following after subsection (1):
Marginal note:Sex offender convicted of sex offence against child
(1.01) Subject to subsection (1.1), a sex offender who is convicted of a sexual offence against a child shall notify a person who collects information at the registration centre referred to in section 7.1
(a) before the sex offender’s departure — of the dates of their departure and return and of every address or location at which they expect to stay in Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;
(b) before their departure, of the dates of their departure and return and of every address or location at which they expect to stay outside Canada;
(c) within seven days after their departure — of the date of their return and of every address or location at which they are staying in Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a);
(d) without delay, after their departure — of the date of their return and of every address or location at which they are staying outside Canada — if they decide, after departure, to extend their stay beyond the date of return that they indicated in the notification they gave under paragraph (b) or if they have not given a notification under paragraph (b); and
(e) of a change in address, location or date, before their departure or
(i) if the change is made after their departure and they are staying in Canada, within seven days after the date on which the change is made, or
(ii) if the change is made after their departure and they are staying outside Canada, without delay after the date on which the change is made.
25. Section 8.1 of the Act is amended by adding the following after subsection (5):
Marginal note:Registration of information — Canada Border Services Agency
(5.1) A person who registers information for the Commissioner of the Royal Canadian Mounted Police may register in the database the information disclosed to the Commissioner under subsection 15.2(2).
Marginal note:2010, c. 17, s. 43
26. The heading before section 15.1 of the Act is replaced by the following:
AUTHORITY TO COLLECT OR DISCLOSE INFORMATION
27. The Act is amended by adding the following after section 15.1:
Marginal note:Canada Border Services Agency — collection of information
15.2 (1) The Canada Border Services Agency may assist a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence by collecting the information disclosed to it under paragraph 16(4)(j.2) or (j.3) as well as the following information with respect to any sex offender who is the subject of a disclosure made under those paragraphs:
(a) the date of their departure from Canada;
(b) the date of their return to Canada; and
(c) every address or location at which they have stayed outside Canada.
Marginal note:Canada Border Services Agency — disclosure of information
(2) The Canada Border Services Agency may, in assisting the member or employee of, or person retained by, a police service referred to in subsection (1), disclose to the Commissioner of the Royal Canadian Mounted Police any information collected under paragraphs (1)(a) to (c).
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