An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts
S.C. 2004, c. 10
Assented to 2004-04-01
An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Sex Offender Information Registration Act.
Purpose and Principles
Marginal note:Purpose
2 (1) The purpose of this Act is to help police services investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.
Marginal note:Principles
(2) This Act shall be carried out in recognition of, and in accordance with, the following principles:
(a) in the interest of protecting society through the effective investigation of crimes of a sexual nature, police services must have rapid access to certain information relating to sex offenders;
(b) the collection and registration of accurate information on an ongoing basis is the most effective way of ensuring that such information is current and reliable; and
(c) the privacy interests of sex offenders and the public interest in their rehabilitation and reintegration into the community as law-abiding citizens require that
(i) the information be collected only to enable police services to investigate crimes that there are reasonable grounds to suspect are of a sexual nature, and
(ii) access to the information, and use and disclosure of it, be restricted.
Interpretation
Marginal note:Definitions
3 (1) The following definitions apply in this Act.
- database
database means the database that contains the information that is registered under this Act. (banque de données)
- information
information includes characteristics recorded and photographs taken under subsection 5(3) and fingerprints taken under subsection 9(2). (renseignements)
- main residence
main residence means the place in Canada where a person lives most often or, if there is no such place, the place in Canada where they may be found most often. (résidence principale)
- member of a police service
member of a police service includes
(a) an officer or non-commissioned member of the Canadian Forces who is appointed for the purposes of section 156 of the National Defence Act; and
(b) in an area in which an aboriginal police service is responsible for policing, a member of that police service. (membre d’un service de police)
- Ontario Act
Ontario Act has the same meaning as in subsection 490.011(1) of the Criminal Code. (loi ontarienne)
- order
order means an order under section 490.012 of the Criminal Code. (ordonnance)
- person who collects information
person who collects information means a person who is authorized under paragraph 18(1)(b) or subsection 19(1) to collect information. (préposé à la collecte)
- person who registers information
person who registers information means a person who is authorized under paragraph 18(1)(c) or subsection 19(1) to register information. (préposé à l’enregistrement)
- registration centre
registration centre means a place that is designated as a registration centre under paragraph 18(1)(d) or subsection 19(1). (bureau d’inscription)
- retained
retained means retained under a contract for services, whether the contract is entered into with an individual, or with their employer or another person to whom the individual provides services. (agent contractuel)
- secondary residence
secondary residence means a place in Canada, other than a main residence, where a person regularly lives. (résidence secondaire)
- sex offender
sex offender means a person who is subject to one or more orders or to an obligation under section 490.019 of the Criminal Code. (délinquant sexuel)
Marginal note:Interpretation
(2) For the purposes of this Act, a crime is of a sexual nature if it consists of one or more acts that
(a) are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature; and
(b) constitute an offence.
Obligations of Sex Offenders
Marginal note:First obligation to report
4 (1) A sex offender shall report, for the first time under this Act, in person to the registration centre that serves the area in which their main residence is located.
Marginal note:Reporting date
(2) A person who is subject to an order shall report within 15 days after
(a) the order is made, if they are convicted of the offence in connection with which the order is made but are not given a custodial sentence;
(b) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made;
(c) they are released from custody pending the determination of an appeal relating to the offence in connection with which the order is made; or
(d) they are released from custody after serving the custodial portion of a sentence for the offence in connection with which the order is made.
Marginal note:Reporting date
(3) A person who is subject to an obligation under section 490.019 of the Criminal Code shall report,
(a) if they are not in custody on the day on which they become subject to the obligation, within 15 days after that day; or
(b) in any other case, within 15 days after
(i) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code,
(ii) they are released from custody pending the determination of an appeal, or
(iii) they are released from custody after serving the custodial portion of a sentence.
Marginal note:Compliance before leaving Canada
(4) A sex offender shall not leave Canada before they report under this section.
Marginal note:Subsequent obligation to report
4.1 A sex offender shall subsequently report to the registration centre that serves the area in which their main residence is located in person or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1),
(a) within 15 days after they change their main residence or any secondary residence;
(b) within 15 days after they change their given name or surname; and
(c) at any time between 11 months and one year after they last reported to a registration centre under this Act.
Marginal note:Obligation and order
4.2 (1) If a person who is subject to an obligation under section 490.019 of the Criminal Code becomes subject to an order, they shall report on the reporting dates established under the order only.
Marginal note:More than one order
(2) A person who is subject to more than one order shall report on the reporting dates established under the most recent order only.
Marginal note:Compliance if temporarily outside Canada
4.3 A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than 15 days after they return to Canada.
Marginal note:Obligation to provide information
5 (1) When a sex offender reports to a registration centre, they shall provide the following information to a person who collects information at the registration centre:
(a) their given name and surname, and every alias that they use;
(b) their date of birth and gender;
(c) the address of their main residence and every secondary residence or, if there is no such address, the location of that place;
(d) the address of every place at which they are employed or retained, or are engaged on a volunteer basis or, if there is no such address, the location of that place;
(e) the address of every educational institution at which they are enrolled or, if there is no such address, the location of that place;
(f) a telephone number at which they may be reached, if any, for every place referred to in paragraphs (c) and (d), and the number of every mobile telephone or pager in their possession; and
(g) their height and weight and a description of every physical distinguishing mark that they have.
Marginal note:Additional information
(2) When a sex offender provides the information referred to in subsection (1), the person who collects the information may ask them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with which an order was made or, if they are subject to an obligation under section 490.019 of the Criminal Code, a designated offence within the meaning of subsection 490.011(1) of that Act.
Marginal note:Additional information
(3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any observable characteristic that may assist in identification of the sex offender, including their eye colour and hair colour, and may require that their photograph be taken.
Marginal note:Notice about absence
6 (1) A sex offender shall notify a person who collects information at the registration centre that serves the area in which their main residence is located
(a) of every address or location at which they stay or intend to stay, and of their actual or estimated dates of departure from, and return to, their main residence or a secondary residence, not later than 15 days after departure if they are in Canada but are absent from their main residence and every secondary residence for a period of at least 15 consecutive days;
(b) of their actual or estimated date of departure from their main residence or a secondary residence, not later than 15 days after departure if they are outside Canada for a period of at least 15 consecutive days; and
(c) of their actual return to their main residence or a secondary residence after a departure referred to in paragraph (a) or (b), not later than 15 days after they return, unless they are required to report under section 4.1 or 4.3 within that period.
Marginal note:Means of notification
(2) Notification shall be by registered mail or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1), but a sex offender may not be required to provide notification in person.
Marginal note:Young sex offender
7 A sex offender who is under 18 years of age has the right to have an appropriate adult chosen by them in attendance when they report to a registration centre and when information is collected.
Responsibilities of Persons Who Collect and Register Information
Marginal note:Registration of information
8 (1) When a police service receives a copy of an order sent in accordance with subparagraph 490.018(1)(d)(iii) of the Criminal Code, a person who registers information for the police service shall
(a) register without delay in the database only the name of the police service and the following information relating to the person who is subject to the order:
(i) their given name and surname,
(ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists,
(iii) every offence to which the order relates,
(iv) when and where the offence or offences were committed,
(v) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,
(vi) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person,
(vii) the date and duration of the order, and
(viii) the court that made the order; and
(b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.
Marginal note:Registration of information
(2) When the Attorney General of a province or minister of justice of a territory receives a copy of an affidavit of service and notice sent in accordance with subsection 490.021(6) of the Criminal Code, the Attorney General or minister of justice shall
(a) register without delay in the database only the following information relating to the person who was served with the notice:
(i) their given name and surname,
(ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists,
(iii) the date on which the notice was served,
(iv) every offence referred to in the notice,
(v) when and where the offence or offences were committed,
(vi) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,
(vii) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person,
(viii) the expected duration of the person’s obligation under section 490.019 of the Criminal Code, and
(ix) in the case of a person referred to in paragraph 490.02(1)(b) of the Criminal Code, the date, if any, on which the person last reported under the Ontario Act and the duration of their obligation to comply with section 3 of that Act;
(b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and
(c) send the person a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay.
Marginal note:Information to be given to sex offender
9 (1) When a sex offender reports to a registration centre and provides satisfactory proof of their identity to a person who collects information, that person shall immediately inform them of
(a) the nature of their obligations under sections 4 to 6 and of the information that may be collected under sections 5 and 6; and
(b) the purpose for which the information is being collected.
Marginal note:Fingerprints
(2) If a person who collects information has reasonable grounds to suspect that a person who is reporting to the registration centre as a sex offender under this Act is not the sex offender and no other proof of identity is satisfactory in the circumstances, they may take fingerprints from the person in order to confirm their identity.
Marginal note:Destruction of fingerprints
(3) Despite any other Act of Parliament, if the fingerprints provided under subsection (2) confirm that the person who is reporting is the sex offender, they shall not be disclosed, or used for any other purpose, and shall be destroyed without delay.
Marginal note:Privacy and confidentiality
(4) The person who collects information shall ensure that
(a) the sex offender’s privacy is respected in a manner that is reasonable in the circumstances; and
(b) the information is provided and collected in a manner and in circumstances that ensure its confidentiality.
Marginal note:Registration of information
10 A person who registers information collected at a registration centre
(a) shall, subject to paragraph (b) and any regulations made under paragraph 19(3)(c), register without delay, in the database, only the information collected under sections 5 and 6;
(b) may register at any time, in the database, the number that identifies a record of fingerprints collected from a sex offender under the Identification of Criminals Act, if such a record exists; and
(c) shall ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.
Marginal note:Copy of information
11 A person who collects information at a registration centre shall, free of charge,
(a) either give a copy of the information collected under section 5, dated and signed by the person who collected it, to the sex offender when they report to the registration centre in person and provide information under this Act, or send it to the sex offender by mail or another means agreed to by the sex offender, without delay after it is collected, if they report in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1);
(b) send the sex offender a copy of the information collected under section 6, dated and signed by the person who collected it, by mail or another means agreed to by the sex offender, without delay after it is collected;
(c) send the sex offender a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (a) is registered; and
(d) at the request of the sex offender, send them a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (b) is registered.
Marginal note:Request for correction of information
12 (1) A sex offender or a person served with a notice under section 490.021 of the Criminal Code may, at any time, ask a person who collects information at the registration centre that serves the area in which their main residence is located to correct any information relating to them that is registered in the database that they believe contains an error or omission.
Marginal note:Correction or notation
(2) The person who collects information shall, without delay, ensure that
(a) information in the database is corrected if they are satisfied that the information contains an error or omission; or
(b) a notation is attached to the information in the database that reflects any correction that is requested but not made.
Management of Information
Marginal note:Authorization for research
13 The Commissioner of the Royal Canadian Mounted Police may authorize a person to consult information that is registered in the database for research or statistical purposes if the Commissioner
(a) is satisfied that those purposes cannot reasonably be accomplished without consulting that information; and
(b) obtains from the person a written undertaking that no subsequent disclosure of that information will be made, or be allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.
Marginal note:Maintenance of database
14 The database is to be maintained by the Royal Canadian Mounted Police.
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 indefinitely.
Marginal note:Permanent removal and destruction of information
(2) Despite any other Act of Parliament, if a person who is subject to an order is finally acquitted of every offence in connection with which the order was made, or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or section 748 of the Criminal Code for every such offence, all information that is collected under this Act or registered in the database in connection with that order shall be destroyed, or permanently removed from the database, in accordance with regulations made under paragraph 19(3)(d).
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 of the Criminal Code shall be destroyed, or permanently removed from the database, in accordance with regulations made under paragraph 19(3)(d) and with any court order made under subsection 490.023(4) or 490.024(2) of that Act, if the person who is subject to the obligation
(a) is finally acquitted of every offence to which the obligation relates or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or section 748 of that Act for every such offence; or
(b) is granted an exemption order under subsection 490.023(2) of that Act or on an appeal from a decision made under that subsection.
Prohibitions
Marginal note:Unauthorized persons
16 (1) No person shall exercise any function or perform any duty under this Act that they are not authorized under this Act to exercise or perform.
Marginal note:Unauthorized consultation
(2) No person shall consult any information that is collected under this Act or registered in the database, unless they are
(a) a member or employee of, or a person retained by, a police service who consults the information for the purpose of investigating a specific crime that there are reasonable grounds to suspect is of a sexual nature;
(b) a person who collects information at the registration centre at which a sex offender last reported who consults the information in order to ensure compliance by the sex offender with an order or orders or with section 490.019 of the Criminal Code;
(c) a person who collects or registers information and who consults the information in order to exercise the functions or perform the duties assigned to them under this Act;
(d) a person who is authorized under section 13 to consult information that is registered in the database for research or statistical purposes and who does so for those purposes;
(e) the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner who consults information that is collected under this Act or registered in the database in order to perform the duties of the Commissioner under this Act; or
(f) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the information in order to maintain the database and who does so for that purpose.
Marginal note:Limited data matching
(3) No person shall match any information that is collected under this Act or registered in the database with any other data unless
(a) the person is a member or employee of, or a person retained by, a police service who matches the data for the purpose of investigating a specific crime that there are reasonable grounds to suspect is of a sexual nature, and the resulting matched data is used for the purpose of that investigation only; or
(b) the person is authorized under section 13 to consult information that is registered in the database, and the resulting matched data is made anonymous.
Marginal note:Unauthorized disclosure
(4) No person shall disclose any information that is collected under this Act or registered in the database or the fact that information relating to a person is collected under this Act or registered in the database, or allow it to be disclosed,
(a) except to the sex offender, or the person who was served with a notice under section 490.019 of the Criminal Code, to whom the information relates;
(b) except to a person referred to in any of paragraphs (2)(a) to (f), if the disclosure to them is necessary to enable them to fulfil the purposes, perform the duties or exercise the functions referred to in that paragraph;
(c) except to a member or employee of, or a person retained by, a police service, if the disclosure to them is necessary to ensure compliance by a sex offender with an order or orders or with section 490.019 of the Criminal Code;
(d) except to a person or court referred to in any of paragraphs 490.03(1)(a) to (c) and (2)(a) to (c) of the Criminal Code, in accordance with that paragraph;
(e) except to a person to whom the disclosure is necessary for a prosecution for an offence under section 17 or under section 490.031 of the Criminal Code or an appeal from a decision made in such a proceeding, and to a court in connection with the prosecution or appeal, if the information is relevant to that proceeding;
(f) except to a person to whom the disclosure is necessary to assist an investigation of any act or omission referred to in subsection 7(4.1) of the Criminal Code by a police service in the state where the act or omission was committed; or
(g) unless the person is authorized under section 13 to consult information that is registered in the database, the information is disclosed for research or statistical purposes, and the disclosure is not made, or allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.
Marginal note:Unauthorized use
(5) No person shall use any information that is collected under this Act or registered in the database, or allow it to be used, for a purpose other than those referred to in paragraphs (2)(a) to (f) and (4)(c) to (g).
Offences
Marginal note:Offence
17 (1) Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) is guilty of an offence and liable
(a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and
(b) in the case of a second or subsequent offence,
(i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or
(ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Offence
(2) Every person who knowingly contravenes any of subsections 16(1) to (5) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Authorizations, Designations and Regulations
Marginal note:Regulations
18 (1) The lieutenant governor in council of a province may, for the purposes of this Act, make regulations
(a) respecting the means by which classes of persons designated by the lieutenant governor in council of the province are required to report under section 4.1 or 4.3 or provide notification under section 6;
(b) authorizing persons or classes of persons in the province to collect information;
(c) authorizing persons or classes of persons in the province to register information; and
(d) designating places or classes of places in the province as registration centres, and the area of the province served by each registration centre.
Marginal note:Regulations
(2) Subject to subsection (3), the lieutenant governor in council of a province may, by regulation, exercise the power of the Governor in Council with respect to any matter referred to in paragraph 19(3)(a) if the Governor in Council does not make a regulation with respect to that matter that applies in the province.
Marginal note:Regulations cease to apply
(3) A regulation made with respect to a matter by the lieutenant governor in council of a province under subsection (2) ceases to apply if the Governor in Council makes a regulation with respect to that matter that applies in the province.
Marginal note:Regulations
19 (1) Subject to subsection (2), the Governor in Council may, by regulation, exercise any power of the lieutenant governor in council of a province under any of paragraphs 18(1)(a) to (d) if the lieutenant governor in council of the province does not make a regulation under that paragraph.
Marginal note:Regulations cease to apply
(2) A regulation made by the Governor in Council under subsection (1) in the exercise of a power under any of paragraphs 18(1)(a) to (d) ceases to apply in a province if the lieutenant governor in council of the province makes a regulation under that paragraph.
Marginal note:Regulations
(3) The Governor in Council may make regulations
(a) respecting the recording, the retention and maintenance, and the protection of information collected under this Act;
(b) respecting the retention and maintenance, and the protection of information that is registered in the database;
(c) respecting the registration of photographs taken under subsection 5(3);
(d) respecting the destruction of information under subsections 9(3) and 15(2) and (3) and the permanent removal of information from the database; and
(e) generally for carrying out the purposes and provisions of this Act.
Related Amendments to the Criminal Code
20 [Amendment]
21 [Amendment]
Review and Report
Marginal note:Review by committee
21.1 (1) The administration of this Act shall, two years after the coming into force of this Act, be reviewed by the parliamentary committee that may be designated or established by Parliament for that purpose.
Marginal note:Report
(2) The committee designated or established by Parliament for the purpose of subsection (1) shall undertake a review of the provisions and operation of this Act and shall, within six months after the review is undertaken or within any further time that may be authorized, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the committee would recommend.
Consequential Amendments
Access to Information Act
22 [Amendment]
Criminal Records Act
23 [Amendment]
Coordinating Provision
24 [Amendment]
Coming into Force
Marginal note:Coming into force
Footnote *25 This Act comes into force on a day to be fixed by order of the Governor in Council.
Return to footnote *[Note: Act in force December 15, 2004, see SI/2004-157.]
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