An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act (S.C. 2023, c. 28)
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Assented to 2023-10-26
R.S., c. C-46Criminal Code (continued)
38 Form 48.2 of Part XXVIII of the Act is replaced by the following:
FORM 48.2(Subsection 672.5(14))Victim Impact Statement — Not Criminally Responsible
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you;
• any unproven allegations;
• any comments about any conduct for which the accused was not found not criminally responsible;
• any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or
• except with the court’s or Review Board’s approval, an opinion or recommendation about the disposition.
The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Emotional impact
Describe how the accused’s conduct has affected you emotionally. For example, think of
• your lifestyle and activities;
• your relationships with others such as your spouse, family and friends;
• your ability to work, attend school or study; and
• your feelings, emotions and reactions as these relate to the conduct.
Physical impact
Describe how the accused’s conduct has affected you physically. For example, think of
• ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;
• hospitalization or surgery you have had because of the conduct of the accused;
• treatment, physiotherapy or medication you have been prescribed;
• the need for any further treatment or the expectation that you will receive further treatment; and
• any permanent or long-term disability.
Economic impact
Describe how the accused’s conduct has affected you financially. For example, think of
• the value of any property that was lost or damaged and the cost of repairs or replacement;
• any financial loss due to missed time from work;
• the cost of any medical expenses, therapy or counselling; and
• any costs or losses that are not covered by insurance.
Please note that this is not an application for compensation or restitution.
Fears for security
Describe any fears you have for your security or that of your family and friends. For example, think of
• concerns with respect to contact with the accused; and
• concerns with respect to contact between the accused and members of your family or close friends.
Drawing, poem or letter
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you.
□ I would like to read or present my statement (in court or before the Review Board).
□ I would like to receive information respecting any hearings held to make or review a disposition in respect of the accused.
□ I would like to receive information respecting any disposition made in respect of the accused.
□ If the accused is discharged absolutely or conditionally, I would like to receive notice of that discharge and of the accused’s intended place of residence.
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20, at .
Signature of declarant
39 Section 2 of Form 52 of Part XXVIII of the Act is replaced by the following:
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of
years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(3), (5) or (6) of the Criminal Code applies, for life).
40 (1) The paragraph of Form 54 of Part XXVIII of the Act that begins with “Because, on (date)” and ends with “490.011(1) of the Criminal Code” is replaced by the following:
Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of theCriminal Code), an offence (or offences) referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) of the Criminal Code;
(2) Section 2 of Form 54 of Part XXVIII of the Act is replaced by the following:
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of
years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 490.02904(3)(c) or (d) of the Criminal Code applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) that the Attorney General of the province, or the minister of justice of the territory, has identified as equivalent to (description of offence(s)) under (applicable offence provision(s) of theCriminal Code), an offence (or offences) referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) of the Criminal Code) or for any shorter period determined under subsection 490.02904(2) of the Criminal Code.
(3) Form 54 of Part XXVIII of the Act is amended by adding the following after section 6:
6.1 You have the right to apply to a court to vary the duration of the obligation to comply with the Sex Offender Information Registration Act if the obligation applies for life because you were convicted or found not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court.
2004, c. 10Sex Offender Information Registration Act
41 (1) Paragraphs 6(1)(a) and (b) of the Sex Offender Information Registration Act are replaced by the following:
(a) at least 14 days before the sex offender’s departure — of the dates of their departure and return and of every address or, if the address is unknown, every 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, if the address is unknown, every 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) Paragraphs 6(1.01)(a) to (d) of the Act are replaced by the following:
(a) at least 14 days before the sex offender’s departure — of the dates of their departure and return and of every address or, if the address is unknown, every 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) at least 14 days before their departure — of the dates of their departure and return and of every address or, if the address is unknown, every 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, if the address is unknown, every 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, if the address is unknown, every 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
(3) Section 6 of the Act is amended by adding the following after subsection (1.01):
Marginal note:Exception
(1.02) Despite paragraph (1)(a) or (1.01)(a) or (b), as the case may be, a sex offender who has a reasonable excuse for not complying with the requirement to give at least 14 days’ notice shall notify a person who collects information at the registration centre referred to in section 7.1 as soon as feasible before their departure of the dates of their departure and return and of every address or, if the address is unknown, every location at which they expect to stay in Canada or outside Canada.
42 Subsections 8.1(3) and (4) of the Act are replaced by the following:
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, 490.02905, 490.029111 or 490.04 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 subsection 490.02907(1), 490.029114(1) or 490.07(1) 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), 490.02905(2), 490.029111(2) or 490.04(5) of that Act or that the appeal court dismissed an appeal from such a decision or quashed an exemption order.
43 (1) Subsection 15(1) of the Act is replaced by the following:
Marginal note:Retention of information
15 (1) Subject to subsections (2) and (3) and regulations made under paragraphs 19(3)(b) and (d), information that is registered in the database in accordance with this Act shall be kept in the database until 50 years have elapsed after the death of the sex offender to whom it relates.
(2) Subsection 15(2) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the person who is subject to the order is granted an exemption order under subsection 490.04(5) of the Criminal Code or on an appeal from a decision made under that subsection.
(3) 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), 490.02905(2), 490.029111(2) or 490.04(5) 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.
44 (1) Paragraph 16(2)(b) of the Act is replaced by the following:
(b) a member or employee of, or a person retained by, a police service 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;
(2) Paragraph 16(4)(c) of the Act is amended by adding the following after subparagraph (i):
(i.1) to enable them to verify the sex offender’s compliance with section 5,
(3) Paragraph 16(4)(c) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after that subparagraph:
(iv) to enable them to obtain a warrant under subsection 490.03121(1) of the Criminal Code and execute the warrant;
(4) Subsection 16(4) of the Act is amended by adding the following after paragraph (f):
(f.1) unless the disclosure is to a prosecutor, judge or justice in a proceeding relating to an application for a warrant referred to in subparagraph (c)(iv), and the information is relevant to the application;
2004, c. 21International Transfer of Offenders Act
45 Section 36.1 of the International Transfer of Offenders Act is replaced by the following:
Marginal note:Obligation
36.1 If the criminal offence identified under section 15 or 36.3 is an offence referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code, the person is required to comply with the Sex Offender Information Registration Act.
46 (1) Paragraphs 36.2(2)(a) and (b) of the Act are replaced by the following:
(a) subject to subsections (3) and (4), 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) subject to subsections (3) and (4), 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
(2) Subsections 36.2(3) to (6) of the Act are replaced by the following:
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) or (f) of the definition primary 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, before or after the coming into force of paragraphs (a) and (b),
(a) was previously convicted of a primary offence, as defined in subsection 490.011(1) of the Criminal Code, or previously convicted under section 130 of the National Defence Act in respect of such a primary offence; or
(b) is or was subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
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