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

Marginal note:More than one order or obligation

4.2 A person shall report on the reporting dates established under only the most recent order or 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.

Marginal note:Temporarily outside Canada

• 4.3 (1) A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than seven days after they return to Canada.

• Marginal note:Canadian Forces

  (2) Subsection (1) does not apply to a sex offender who is required to report to a registration centre designated under the National Defence Act while they are outside 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 address, the location of that place — the name of their employer or the person who engages them on a volunteer basis or retains them and the type of work that they do there;

  • (d.1) if applicable, their status as an officer or a non-commissioned member of the Canadian Forces within the meaning of subsection 2(1) of the National Defence Act and the address and telephone number of their unit within the meaning of that subsection;

  • (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;

  • (g) their height and weight and a description of every physical distinguishing mark that they have;

  • (h) the licence plate number, make, model, body type, year of manufacture and colour of the motor vehicles that are registered in their name or that they use regularly;

  • (i) the licence number and the name of the issuing jurisdiction of every driver’s licence that they hold; and

  • (j) the passport number and the name of the issuing jurisdiction of every passport that they hold.

• Marginal note:Additional information

  (2) When a sex offender reports to a registration centre, the person who collects the information from them 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 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.

• 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:Notification of change of information — paragraph 5(1)(d)

5.1 A sex offender shall, within seven days after the date of the change, notify a person who collects information at the registration centre referred to in section 7.1 of any change in the information that they have provided under paragraph 5(1)(d).

Marginal note:Notification of absence

• 6 (1) Subject to subsection (1.1), a sex offender other than one who is referred to in subsection (1.01) shall notify a person who collects information at the registration centre referred to in section 7.1

  • (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

  • (c) before departure or, if it is later, within seven days after the day on which the change is made — of a change in address, location or date.

• Marginal note:Sex offender convicted of sex offence against child

  (1.01) Subject to subsection (1.1), a sex offender who is convicted of a sexual offence against a child shall notify a person who collects information at the registration centre referred to in section 7.1

  • (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

  • (e) of a change in address, location or date, before their departure or

    • (i) if the change is made after their departure and they are staying in Canada, within seven days after the date on which the change is made, or

    • (ii) if the change is made after their departure and they are staying outside Canada, without delay after the date on which the change is made.

• 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.

• Marginal note:Canadian Forces

  (1.1) A sex offender who is required to notify a person who collects information at a registration centre designated under the National Defence Act and who requests the Chief of the Defence Staff to make a determination under section 227.16 of that Act shall provide the information relating to the operation within seven days after the date of their departure unless the determination is made during that period.

• Marginal note:Means of notification

  (2) If a sex offender is required to provide notification to a registration centre designated under this Act, they shall provide the notification by registered mail or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1). If they are required to provide notification to a registration centre designated under the National Defence Act, they shall provide the notification by registered mail unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall provide the notification in accordance with those regulations.

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.

Marginal note:Registration centre

7.1 For the purposes of sections 4, 4.1, 4.3, 5.1 and 6, the registration centre is one that is designated under paragraph 18(1)(d) or subsection 19(1) that serves the area of the province in which the sex offender’s main residence is located, unless a registration centre designated under paragraph 227.2(e) of the National Defence Act serves a class of persons of which the sex offender is a member or the area in which the unit of the Canadian Forces in which the sex offender is serving is located.

Responsibilities of Persons Who Collect and Register Information

Marginal note:Registration of information

8 When a police service or the Commissioner of the Royal Canadian Mounted Police receives a copy of an order sent in accordance with paragraph 490.018(1)(d) of the Criminal Code, either a person who registers information for the police service or one who registers it for the Commissioner 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,

  • (vi.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,

  • (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 — 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, 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.

• 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.