Sex Offender Information Registration Act

Marginal note:Registration of information — obligations

• 8.1 (1) When the Attorney General of a province, or the minister of justice of a territory, receives a copy of an affidavit and a notice sent in accordance with subsection 490.021(6) or 490.02903(3) of the Criminal Code — or receives a copy of the Form 1 delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act — a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database only the following information, as applicable, relating to the person named in the notice or Form 1, as the case may be:

  • (a) their given name and surname;

  • (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

  • (c) the date on which the notice was served;

  • (d) every offence listed in the notice or form;

  • (e) when and where the offence or offences were committed;

  • (f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

  • (g) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person;

  • (g.1) the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information;

  • (h) the expected duration of the obligation; and

  • (i) 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.

• Marginal note:Registration of information — termination orders

  (2) When the Attorney General of a province, or the minister of justice of a territory, receives a notice referred to in subsection 490.016(3), 490.017(2), 490.027(3), 490.029(2), 490.02909(3), 490.0291(2), 490.02913(3) or 490.02914(2) 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 a termination order was made.

• 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 or 490.02905 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 490.02907 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) or 490.02905(2) of that Act or that the appeal court dismissed an appeal from such a decision or quashed an exemption order.

• Marginal note:Registration of information

  (5) 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 day on which the custodial portion of a sex offender’s sentence or detention in custody begins, the days on which they are or are expected to be outside penitentiary as defined in subsection 2(1) of the Corrections and Conditional Release Act or outside the provincial correctional facility, the address or location at which they stay or are expected to stay during that period and the date of their release or discharge if

  • (a) the sex offender was prosecuted in that jurisdiction for the offence to which the sentence or detention relates; and

  • (b) the offence was not prosecuted under the National Defence Act.

• 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:Confidentiality and copy of information

  (6) A person who registers information under this section shall

  • (a) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and

  • (b) once the information is registered, on request, send the sex offender or the person served with a notice under section 490.021 of the Criminal Code 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.