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

Marginal note:Registration of information — Canadian Forces

• 8.2 (1) When the Canadian Forces Provost Marshal receives a copy of an order sent in accordance with subparagraph 227.05(1)(d)(iii) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who is subject to the order:

  • (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) every offence to which the order relates;

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

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

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

  • (f.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and

  • (g) the date and duration of the order.

• Marginal note:Registration of information — Canadian Forces

  (2) When the Canadian Forces Provost Marshal receives a copy of an affidavit of service and a notice sent in accordance with subsection 227.08(4) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who was served with the notice:

  • (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;

  • (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) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and

  • (h) the expected duration of the person’s obligation under section 227.06 of the National Defence Act.

• Marginal note:Registration of information — Canadian Forces

  (3) When the Canadian Forces Provost Marshal receives a notice referred to in subsection 227.04(3), 227.13(3) or 240.5(3) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a termination order was made.

• Marginal note:Registration of information — Canadian Forces

  (4) A person who registers information for the Canadian Forces Provost Marshal may register in the database the fact that a person has applied for an exemption order under section 227.1 of the National Defence Act.

• Marginal note:Registration of information — Canadian Forces

  (5) When the Canadian Forces Provost Marshal receives a notice referred to in section 227.11 of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a court martial refused to make an exemption order under subsection 227.1(4) of that Act or that the Court Martial Appeal Court dismissed an appeal from such a decision or quashed an exemption order.

• Marginal note:Registration of information — Canadian Forces

  (6) If a sex offender was prosecuted under the National Defence Act for the offence to which the sentence or detention relates, a person who registers information for the Canadian Forces Provost Marshal may register in the database

  • (a) the day on which the custodial portion of the sex offender’s sentence or detention in custody begins;

  • (b) the days on which they are or are expected to be outside the service prison or detention barrack as defined in subsection 2(1) of that Act and the address or location at which they stay or are expected to stay during that period; and

  • (c) the date of their release or discharge.

• Marginal note:Registration of information — Canadian Forces

  (7) A person who registers information for the Canadian Forces Provost Marshal shall register without delay in the database

  • (a) the fact that a person is the subject of a determination under subsection 227.15(1) of the National Defence Act, the effect of the determination on the person, the date on which the suspension of the time limit, proceeding or obligation first applies and the date on which it ceases to apply;

  • (b) the fact that a person is the subject of a determination under subsection 227.16(1) of the National Defence Act and the date on which the determination was made; and

  • (c) the fact that a person has become, or has ceased to be, subject to a regulation made under paragraph 227.2(a) or (e) of the National Defence Act.

• Marginal note:Confidentiality and copy of information

  (8) 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 under any of subsections (2) to (7), on request, send the sex offender or the person served with a notice under section 227.08 of the National Defence Act 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, the date on which the sex offender reported or provided notification to the registration centre and the province of registration;

• (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 other than in person;

• (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) Subject to subsection (2), a sex offender or a person served with a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act may, at any time, ask a person who collects information at the registration centre referred to in section 7.1 to correct any information relating to them that is registered in the database and that they believe contains an error or omission.

• Marginal note:Request for correction of information

  (2) The request shall be made to the Canadian Forces Provost Marshal if the information is registered in the database under section 8.2.

• Marginal note:Correction or notation

  (3) The person to whom the request is made 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 (1) The Commissioner of the Royal Canadian Mounted Police may authorize a person to consult information that is registered in the database, compare the information with other information or, by electronic means, combine the information 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, for research or statistical purposes.

• Marginal note:Conditions

  (2) The Commissioner shall not provide the authorization unless the Commissioner

  • (a) is satisfied that those purposes cannot reasonably be accomplished without consulting the information or without comparing or combining the information with, or linking it to, the other information, as the case may be; and

  • (b) obtains from the person a written undertaking that no subsequent disclosure of the information or of any information resulting from the comparison or combination of the information with, or the linking of the information to, other 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:Administration of database

14 The database is to be administered by the Royal Canadian Mounted Police.