An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts (S.C. 2004, c. 10)
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Assented to 2004-04-01
R.S., c. C-46RELATED AMENDMENTS TO THE CRIMINAL CODE
21. Part XXVIII of the Act is amended by adding the following at the end of that Part:
FORM 52(Section 490.012)ORDER TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT
Canada,
Province of ....................
(territorial division)
To A.B., of ................, (occupation):
You have been convicted of, or found not criminally responsible on account of mental disorder for, ............. (insert description of offence(s)), a designated offence (or if more than one offence, designated offences) within the meaning of subsection 490.011(1) of the Criminal Code, under ......... (insert the applicable designated offence provision(s) of the Criminal Code)
1. You must report for the first time, in person, to the registration centre that serves the area in which your main residence is located, whenever required under subsection 4(2) of the Sex Offender Information Registration Act.
2. You must subsequently report to the registration centre that serves the area in which your main residence is located whenever required under section 4.1 or 4.3 of the Sex Offender Information Registration Act, for a period of ...... years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(3) to (5) of the Criminal Code applies, for life).
3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.
4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.
5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre that serves the area in which your main residence is located to correct the information.
6. You have the right to appeal this order.
7. You have the right to apply to a court to terminate this order, and the right to appeal any decision of that court.
8. If you are found to have contravened this order, you may be subject to a fine or imprisonment, or to both.
9. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.
Dated this ................ day of ................, at ................. .
.........................................
(Signature of judge and name of court)
.........................................
(Signature of person subject to order)
FORM 53(Sections 490.019 and 490.032)NOTICE OF OBLIGATION TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT
Canada,
Province of ....................
(territorial division)
To A.B., of ............, (occupation), a person referred to in subsection 490.02(1) of the Criminal Code:
Because, on ....... (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, ......... (insert description of offence(s)), one or more offences referred to in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code, under ....... (insert the applicable offence provision(s) of the Criminal Code), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.
1. You must report for the first time, in person, to the registration centre that serves the area in which your main residence is located, whenever required under subsection 4(3) of the Sex Offender Information Registration Act.
2. You must subsequently report to the registration centre that serves the area in which your main residence is located whenever required under section 4.1 or 4.3 of the Sex Offender Information Registration Act for a period of ....... years after the day on which you were sentenced, or found not criminally responsible on account of mental disorder, for the offence (or if paragraph 490.022(3)(c) of the Criminal Code applies, for life) or for any shorter period set out in subsection 490.022(2) of the Criminal Code.
3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.
4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.
5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre that serves the area in which your main residence is located to correct the information.
6. You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal any decision of that court.
7. You have the right to apply to a court to terminate the obligation, and the right to appeal any decision of that court.
8. If you are found to have contravened the obligation, you may be subject to a fine or imprisonment, or to both.
9. 9. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.
Dated this ................ day of ................, at ................. .
REVIEW AND REPORT
Marginal note:Review by committee
21.1 (1) The administration of this Act shall, two years after the coming into force of this Act, be reviewed by the parliamentary committee that may be designated or established by Parliament for that purpose.
Marginal note:Report
(2) The committee designated or established by Parliament for the purpose of subsection (1) shall undertake a review of the provisions and operation of this Act and shall, within six months after the review is undertaken or within any further time that may be authorized, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the committee would recommend.
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1Access to Information Act
22. Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to
Sex Offender Information Registration Act
Loi sur l’enregistrement de renseignements sur les délinquants sexuels
and a corresponding reference in respect of that Act to “subsections 9(3) and 16(4)”.
R.S., c. C-47Criminal Records Act
Marginal note:2000, c. 1, s. 4
23. Paragraph 5(b) of the Criminal Records Act is replaced by the following:
(b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification or obligation to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161, 259, 490.012 or 490.019 of the Criminal Code or subsection 147.1(1) of the National Defence Act, or of a regulation made under an Act of Parliament.
COORDINATING PROVISION
Marginal note:Bill C-20
24. If Bill C-20, introduced in the 2nd Session of the 37th Parliament and entitled An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 6 of the other Act and the coming into force of this Act, subparagraph (b)(i) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code is replaced by the following:
(i) section 162 (voyeurism),
(i.1) subsection 173(1) (indecent acts),
COMING INTO FORCE
Marginal note:Coming into force
25. This Act comes into force on a day to be fixed by order of the Governor in Council.
- Date modified: