Sex Offender Information Registration Act (S.C. 2004, c. 10)

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.

• Marginal note:Permanent removal and destruction of information

  (2) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an order shall be destroyed and permanently removed from the database if

  • (a) the person who is subject to the 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 under section 748 of the Criminal Code for every such offence or is the subject of an expungement order under the Expungement of Historically Unjust Convictions Act for every such offence;

  • (b) the sentence for every offence in connection with which the order was made ceases to have force and effect under subsection 249.11(2) of the National Defence Act; or

  • (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.

• 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 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act shall be destroyed and permanently removed from the database if

  • (a) the person who is subject to the obligation is finally acquitted of every offence to which it relates or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for every such offence or is the subject of an expungement order under the Expungement of Historically Unjust Convictions Act for every such offence;

  • (b) the sentence for every offence to which the obligation relates ceases to have force and effect under subsection 249.11(2) of the National Defence Act; or

  • (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.

Authority To Collect or Disclose Information

Marginal note:Correctional Service of Canada

• 15.1 (1) The Correctional Service of Canada may disclose to a person who registers information

  • (a) the day on which a sex offender is received into a penitentiary as defined in subsection 2(1) of the Corrections and Conditional Release Act;

  • (b) if a sex offender is expected to be temporarily outside penitentiary for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and

  • (c) the date of a sex offender’s release or discharge.

• Marginal note:Provincial correctional authority

  (2) The person in charge of a provincial correctional facility may disclose to a person who registers information

  • (a) the day on which a sex offender is received into the facility;

  • (b) if a sex offender is expected to be temporarily outside the facility for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and

  • (c) the date of a sex offender’s release or discharge.

• Marginal note:Canadian Forces

  (3) The person in charge of a service prison or detention barrack as defined in subsection 2(1) of the National Defence Act may disclose to a person who registers information

  • (a) the day on which a sex offender is received into the prison or barrack;

  • (b) if a sex offender is expected to be temporarily outside the prison or barrack for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and

  • (c) the date of a sex offender’s release or discharge.

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).

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 preventing or investigating a crime of a sexual nature or an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code;

  • (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;

  • (b.1) a person who collects information at a registration centre designated under the National Defence Act who consults the information to verify compliance by a sex offender who is subject to the Code of Service Discipline — or who is an officer, or non-commissioned member, of the primary reserve as defined in section 227 of the National Defence Act — 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;

  • (c) a person who collects or registers information who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament;

  • (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, under subsection 490.03(1) or (2) of the Criminal Code or under subsection 227.18(1) or 227.19(1) of the National Defence 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 for the purpose of administering the database and who does so for that purpose.

• Marginal note:Unauthorized comparison of information

  (3) No person shall compare any information that is collected under this Act or registered in the database with any other information unless

  • (a) the information was consulted in accordance with paragraph (2)(a) and they compare it with other information for the purpose of preventing or investigating a crime of a sexual nature;

  • (b) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they compare it with other information for the purpose of verifying 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 or for the purpose of preventing or investigating an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code — or an offence under any of those provisions that is punishable under section 130 of the National Defence Act — or an offence under section 119.1 of that Act;

  • (b.1) the information was collected under subsection 15.2(1) and they compare it with other information for the purpose of assisting 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; or

  • (c) they compare the information in accordance with an authorization under section 13.

• Marginal note:Unauthorized combination or linking of information

  (3.1) No person shall, by electronic means, combine any information that is collected under this Act or registered in the database with, or link it to, any other information contained in a computer system within the meaning of subsection 342.1(2) of the Criminal Code unless

  • (a) they combine the information that is registered in the database with, or link it to, information contained in the sex offender registry established under the Ontario Act, for the purpose of registering information under section 8, 8.1 or 10;

  • (a.1) the information was consulted in accordance with paragraph (2)(a) and they combine it with, or link it to, law enforcement information for the purpose of preventing or investigating a crime of a sexual nature;

  • (a.2) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they combine it with, or link it to, law enforcement information for the purpose of verifying the sex offender’s compliance 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 or for the purpose of preventing or investigating an offence under section 490.031 or 490.0311 of the Criminal Code, an offence under either of those provisions that is punishable under section 130 of the National Defence Act or an offence under section 119.1 of that Act;

  • (a.3) the information was collected under subsection 15.2(1) and they combine it with information contained in a computer system of the Canada Border Services Agency for the purpose of assisting 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; or

  • (b) they combine or link information in accordance with an authorization under section 13.

• 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) unless the disclosure is to the sex offender, or the person served with a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act, to whom the information relates;

  • (b) unless the disclosure is expressly authorized under this Act, the Criminal Code or the National Defence Act;

  • (c) unless the disclosure is to a member or an employee of, or a person retained by, a police service and is necessary

    • (i) to enable them to investigate an offence under section 17 or to lay a charge for such an offence,

    • (i.1) to enable them to verify the sex offender’s compliance with section 5,

    • (ii) to enable them to prevent or investigate a crime of a sexual nature, an offence under section 119.1 of the National Defence Act, an offence under section 490.031 or 490.0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or to enable them to lay a charge for such an offence,

    • (iii) to enable them to investigate a criminal offence or a service offence within the meaning of subsection 2(1) of the National Defence Act or to lay a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii), or

    • (iv) to enable them to obtain a warrant under subsection 490.03121(1) of the Criminal Code and execute the warrant;

  • (d) unless the disclosure is to a prosecutor and is necessary to enable the prosecutor to determine whether a charge for an offence resulting from an investigation referred to in paragraph (c) should be laid;

  • (e) unless the disclosure is to a person who is responsible under the National Defence Act for laying, referring or preferring a charge for a service offence and to a person who provides legal advice with respect to the charge, and the disclosure is necessary to enable them to determine whether a charge for a service offence resulting from an investigation referred to in paragraph (c) should be laid, referred or preferred;

  • (f) unless the disclosure is to a prosecutor, judge or justice in a proceeding relating to an application for a search warrant in connection with an investigation referred to in paragraph (c), and the information is relevant to the application;

  • (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;

  • (g) unless the disclosure is to a person who is authorized under the National Defence Act to issue a search warrant in connection with the investigation of a service offence and to a person who provides legal advice with respect to the issuance of the search warrant, and the information is relevant to an application for a search warrant in connection with an investigation referred to in paragraph (c);

  • (h) unless the information disclosed is relevant to the proceeding, appeal or review and the disclosure is

    • (i) to a prosecutor in connection with a proceeding that results from an investigation referred to in paragraph (c) and that is before a court of criminal jurisdiction or a superior court of criminal jurisdiction, as defined in section 2 of the Criminal Code, or a court martial, as defined in subsection 2(1) of the National Defence Act,

    • (ii) to the Attorney General within the meaning of section 2 of the Criminal Code, or the Minister of National Defence or counsel instructed by the Minister, in connection with an appeal of a decision made in such a proceeding,

    • (iii) to the court or military judge presiding over the proceeding or appeal, or

    • (iv) to a review authority referred to in section 163.6 of the National Defence Act for its review under that section and to a person who provides legal advice to the review authority in connection with that review;

  • (i) unless the disclosure to the person 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;

  • (j) unless the disclosure is to an employee of, or a person retained by, a person referred to in any of paragraphs (d) to (i) who is authorized by that person to receive information disclosed under that paragraph on their behalf;

  • (j.1) unless the disclosure is to a member or an employee of, or a person retained by, a police service outside Canada and is necessary to assist them in the prevention or investigation of a crime of a sexual nature;

  • (j.2) unless the disclosure is to the Canada Border Services Agency, is limited to the information referred to in paragraphs 5(1)(a), (b), (i) and (j) and is necessary to 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;

  • (j.3) unless the disclosure is to the Canada Border Services Agency, relates to a sex offender who is convicted of a sexual offence against a child and who poses a high risk of committing a crime of a sexual nature, is limited to the information referred to in paragraphs 5(1)(a), (b), (i) and (j) and is made for the purpose of assisting 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; or

  • (k) unless the disclosure is by a person who is authorized under section 13 to consult information that is registered in the database or to compare or combine that information with, or link it to, other information, the disclosure is for research or statistical purposes and it 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 that for which it is consulted, compared, combined, linked or disclosed, as the case may be, under this section.