Sex Offender Information Registration Act

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).