Sex Offender Information Registration Act

This Act may be cited as the Sex Offender Information Registration Act.

The purpose of this Act is to help police services and other law enforcement agencies prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.

This Act shall be carried out in recognition of, and in accordance with, the following principles:

in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services and other law enforcement agencies must have rapid access to certain information relating to sex offenders;

the collection and registration of accurate information on an ongoing basis is the most effective way of ensuring that such information is current and reliable; and

the privacy interests of sex offenders and the public interest in their rehabilitation and reintegration into the community as law-abiding citizens require that

the information be collected only to enable police services and other law enforcement agencies to prevent or investigate crimes of a sexual nature, and

access to the information, and use and disclosure of it, be restricted.

The following definitions apply in this Act.

database means the database that contains the information that is registered under this Act. (banque de données)

finding of not criminally responsible on account of mental disorder means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be. (verdict de non-responsabilité)

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)

information includes characteristics recorded and photographs taken under subsection 5(3) and fingerprints taken under subsection 9(2). (renseignements)

main residence means the place in Canada where a person lives most often or, if there is no such place, the place in Canada where they may be found most often. (résidence principale)

member of a police service includes

an officer or non-commissioned member of the Canadian Forces who is appointed for the purposes of section 156 of the National Defence Act; and

in an area in which an Indigenous police service is responsible for policing, a member of that police service. (membre d’un service de police)

Ontario Act has the same meaning as in subsection 490.011(1) of the Criminal Code. (loi ontarienne)

order means an order under section 490.012 of the Criminal Code or section 227.01 of the National Defence Act. (ordonnance)

person who collects information means a person who is authorized to collect information under paragraph 18(1)(b) or subsection 19(1) of this Act or paragraph 227.2(c) of the National Defence Act. (préposé à la collecte)

person who registers information means a person who is authorized to register information under paragraph 18(1)(c) or subsection 19(1) of this Act or paragraph 227.2(d) of the National Defence Act. (préposé à l’enregistrement)

registration centre means a place that is designated as a registration centre under paragraph 18(1)(d) or subsection 19(1) of this Act or paragraph 227.2(e) of the National Defence Act. (bureau d’inscription)

retained means retained under a contract for services, whether the contract is entered into with an individual, or with their employer or another person to whom the individual provides services. (agent contractuel)

secondary residence means a place in Canada, other than a main residence, where a person regularly lives. (résidence secondaire)

sex offender means a person who is subject to an order or to 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. (délinquant sexuel)

sexual offence against a child means

a designated offence as defined in subsection 490.011(1) of the Criminal Code that is committed against a person who is under 18 years of age and as a result of which the offender is required to comply with this Act; or

an offence that is committed outside Canada against a person who is under 18 years of age and as a result of which the offender is required to comply with this Act. (infraction sexuelle visant un enfant)

For the purposes of this Act, a crime is of a sexual nature if it consists of one or more acts that

are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature; and

constitute an offence.

A person who is subject to an order shall report to a registration centre referred to in section 7.1 within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after

the order is made, if they are convicted of the offence in connection with which the order is made and

they are not given a custodial sentence,

they are ordered to serve a sentence of imprisonment intermittently under subsection 732(1) of the Criminal Code, or

they are the subject of a conditional sentence order made under section 742.1 of the Criminal Code;

they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made;

they receive an absolute or conditional discharge or are released from custody under Division 7 of Part III of the National Defence Act, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made;

the imprisonment or detention to which they are sentenced for the offence in connection with which the order is made is suspended under section 215 or 216 of the National Defence Act;

they are released from custody pending the determination of an appeal relating to the offence in connection with which the order is made; or

they are released from custody on the expiry of the sentence for the offence in connection with which the order is made or on statutory release, full parole or day parole, as those terms are defined in subsection 99(1) of the Corrections and Conditional Release Act, or work release as defined in subsection 18(1) of that Act.

A person who is subject to 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 shall report to a registration centre referred to in section 7.1

if they are not in custody on the day on which they become subject to the obligation, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after that day; and

in any other case, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after

they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code,

they receive an absolute or conditional discharge or are released from custody under Division 7 of Part III of the National Defence Act,

an imprisonment or a detention to which they are sentenced is suspended under section 215 or 216 of the National Defence Act,

they are released from custody pending the determination of an appeal, or

they are released from custody after serving the custodial portion of a sentence.

If a sex offender is required to report to a registration centre designated under this Act, they shall report in person. If they are required to report to a registration centre designated under the National Defence Act, they shall report in person unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall report in accordance with those regulations.

A sex offender shall not leave Canada before they report under this section.

A sex offender shall subsequently report to the registration centre referred to in section 7.1,

within seven days after they change their main residence or any secondary residence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change;

within seven days after they change their given name or surname or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change;

within seven days after a change to the license plate number, make, model, body type, year of manufacture or colour of a motor vehicle that is registered in their name or that they use regularly or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change;

within seven days after they receive a driver’s licence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it;

within seven days after they receive a passport or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it; and

within 30 days before each anniversary of the day on which they were required to report to a registration centre under subsection 4(1) or (2), as the case may be.

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

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.

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.

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.

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:

their given name and surname, and every alias that they use;

their date of birth and sex;

the address of their main residence and every secondary residence or, if there is no such address, the location of that place;

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;

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;

the address of every educational institution at which they are enrolled or, if there is no such address, the location of that place;

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;

their height and weight and a description of every physical distinguishing mark that they have;

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;

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

the passport number and the name of the issuing jurisdiction of every passport that they hold.

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.

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 physical characteristic that may assist in the sex offender’s identification, including their eye colour, hair colour and any tattoos and distinguishing marks, and may require that the sex offender’s photograph be taken.

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).

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

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;

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

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.

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

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;

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;

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);

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

of a change in address, location or date, before their departure or

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

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.

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.

For greater certainty, the death of a family member of the sex offender, a critical illness affecting a family member of the sex offender or another family emergency may constitute a reasonable excuse, having regard to the circumstances.

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.

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.

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.

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.

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

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:

their given name and surname,

the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists,

every offence to which the order relates,

when and where the offence or offences were committed,

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

the age and sex of every victim of the offence or offences, and the victim’s relationship to the person,

the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information,

the date and duration of the order, and

the court that made the order; and

ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.

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:

their given name and surname;

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

the date on which the notice was served;

every offence listed in the notice or form;

when and where the offence or offences were committed;

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

the age and sex of every victim of the offence or offences, and the victim’s relationship to the person;

the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information;

the expected duration of the obligation; and

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.

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.

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.

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.

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

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

the offence was not prosecuted under the National Defence Act.

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).

A person who registers information under this section shall

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

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.

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:

their given name and surname;

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

every offence to which the order relates;

when and where the offence or offences were committed;

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

the age and sex of every victim of the offence or offences, and the victim’s relationship to the person;

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

the date and duration of the order.

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:

their given name and surname;

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

the date on which the notice was served;

every offence listed in the notice;

when and where the offence or offences were committed;

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

the age and sex of every victim of the offence or offences, and the victim’s relationship to the person;

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

the expected duration of the person’s obligation under section 227.06 of the National Defence Act.

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.

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.

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.

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

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

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

the date of their release or discharge.

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

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;

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

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.

A person who registers information under this section shall

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

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.

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

the nature of their obligations under sections 4 to 6 and of the information that may be collected under sections 5 and 6; and

the purpose for which the information is being collected.

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.

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.

The person who collects information shall ensure that

the sex offender’s privacy is respected in a manner that is reasonable in the circumstances; and

the information is provided and collected in a manner and in circumstances that ensure its confidentiality.

A person who registers information collected at a registration centre

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;

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

shall ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.

A person who collects information at a registration centre shall, free of charge,

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;

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;

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

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.

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.

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

The person to whom the request is made shall, without delay, ensure that

information in the database is corrected if they are satisfied that the information contains an error or omission; or

a notation is attached to the information in the database that reflects any correction that is requested but not made.