An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act (S.C. 2007, c. 5)
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Assented to 2007-03-29
34. (1) Section 4.1 of the Act is renumbered as subsection 4.1(1).
(2) The portion of subsection 4.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Subsequent obligation to report
4.1 (1) A sex offender shall subsequently report to the registration centre referred to in section 7.1,
(3) Section 4.1 of the Act is amended by adding the following after subsection (1):
Marginal note:Means of reporting
(2) 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.
35. Subsection 4.2(1) of the Act is replaced by the following:
Marginal note:Obligation and order
4.2 (1) If a person who is subject to an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act becomes subject to an order, they shall report on the reporting dates established under the order only.
36. (1) Section 4.3 of the Act is renumbered as subsection 4.3(1).
(2) Subsection 4.3(1) of the French version of the Act is replaced by the following:
Marginal note:Séjour hors du Canada
4.3 (1) Le délinquant sexuel qui est à l’étranger au moment où il est tenu de comparaître en application de l’article 4.1 comparaît au bureau d’inscription au plus tard quinze jours après son retour.
(3) Section 4.3 of the Act is amended by adding the following after subsection (1):
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.
37. (1) The portion of subsection 5(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Obligation de fournir des renseignements
5. (1) Lorsqu’il comparaît au bureau d’inscription, le délinquant sexuel fournit les renseignements suivants au préposé à la collecte :
(2) Subsection 5(1) of the Act is amended by adding the following after paragraph (d):
(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;
(3) Subsection 5(2) of the Act is replaced by the following:
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 which an order was made or, if they are subject to an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act.
38. (1) The portion of subsection 6(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Notification of absence
6. (1) A sex offender shall notify a person who collects information at the registration centre referred to in section 7.1
(2) Subsection 6(2) of the Act is replaced by the following:
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.
39. The Act is amended by adding the following after section 7:
Marginal note:Registration centre
7.1 For the purposes of sections 4, 4.1, 4.3 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.
40. (1) Subsection 8(2) of the Act is repealed and subsection 8(1) is renumbered as section 8.
(2) Subparagraph 8(a)(v) of the French version of the Act is replaced by the following:
(v) les lieu et date de la déclaration de culpabilité ou du verdict de non-responsabilité pour chacune des infractions,
41. The Act is amended by adding the following after section 8:
Marginal note:Registration of information
8.1 (1) When the Attorney General of a province or the minister of justice of a territory receives a copy of an affidavit of service and a notice sent in accordance with subsection 490.021(6) 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 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;
(h) the expected duration of the person’s obligation under section 490.019 of the Criminal Code; 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
(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) or 490.029(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
(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 of the Criminal Code.
Marginal note:Registration of information
(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 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) 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 date on which the custodial portion of a sex offender’s sentence or detention in custody begins 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: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.
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; 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; 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) A person who registers information for the Canadian Forces Provost Marshal may register in the database the date on which the custodial portion of a sex offender’s sentence or detention in custody begins and the date of their release or discharge, if the sex offender was prosecuted under the National Defence Act for the offence to which the sentence or detention relates.
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.
- Date modified: