High Risk Child Sex Offender Database Act (S.C. 2015, c. 23, s. 29)

Marginal note:Short title

1 This Act may be cited as the High Risk Child Sex Offender Database Act.

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  sexual offence against a child

  sexual offence against a child means

  • (a) 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, other than an offence referred to in paragraph (b) or (f) of the definition designated offence in that subsection if the prosecutor has not, for the purposes of subsection 490.012(2) of that Act, established beyond a reasonable doubt that the offender committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition; or

  • (b) 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 or was required to comply with the Sex Offender Information Registration Act. (infraction sexuelle visant un enfant)

  Commissioner

  Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)

• Marginal note:Interpretation — crime of a sexual nature

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

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

  • (b) constitute an offence.

• Marginal note:Interpretation — young person

  (3) For the purposes of this Act, a reference to a person who is found guilty of a sexual offence against a child does not include

  • (a) a young person as defined in subsection 2(1) of the Youth Criminal Justice Act who has been found guilty of a sexual offence against a child unless they are given an adult sentence as defined in that subsection for the offence; or

  • (b) a young person as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, who has been found guilty of a sexual offence against a child unless they are found guilty of the offence in ordinary court as defined in that subsection.

Marginal note:Purpose

3 The purpose of this Act is to enhance public safety by establishing a publicly accessible database that contains information with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.

Marginal note:Establishment

• 4 (1) The Commissioner must establish and administer a publicly accessible database that contains information with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.

• Marginal note:Commissioner’s duties

  (2) The Commissioner’s duties under this Act may be performed on behalf of the Commissioner by any person who is authorized by the Commissioner to perform those duties.

Marginal note:Content of database

5 The database must contain only information, with respect to any person referred to in subsection 4(1), that a police service or other public authority has previously made accessible to the public, including:

• (a) their given name and surname, and any alias that they use;

• (b) their date of birth;

• (c) their gender;

• (d) their physical description, including any physical distinguishing mark that they have;

• (e) a photograph of them;

• (f) a description of offences they have committed;

• (g) any condition to which they are subject; and

• (h) the name of the city, town, municipality or other organized district in which they reside.

Marginal note:Prior notification

6 The Commissioner must, before including the given name and surname of a person referred to in subsection 4(1) in the database, take reasonable steps to notify that person that information with respect to them is to be included in the database and allow that person to make representations concerning the matter.

Marginal note:Removal of information

• 7 (1) On the receipt of an application in writing by a person referred to in subsection 4(1), the Commissioner must decide whether there are reasonable grounds to remove information with respect to that person from the database.

• Marginal note:Deeming

  (2) If the Commissioner does not make a decision on the application within the period prescribed by regulation, the Commissioner is deemed to have decided not to remove the information in question.

• Marginal note:Notice of decision to applicant

  (3) The Commissioner must give notice without delay to the applicant of any decision made or deemed to have been made respecting the application.

• Marginal note:Judicial review

  (4) Within 60 days after receipt of the notice of the decision, the applicant may apply to the Federal Court for judicial review of the decision.

Marginal note:Regular review of information

8 Within the period prescribed by regulation after the establishment of the database, and at prescribed intervals after that, the Commissioner must review the information in the database to determine whether the information should still be maintained in the database. The review does not affect the validity of the database.

Marginal note:Non-derogation

9 Nothing in this Act affects any authority of the Royal Canadian Mounted Police under another Act of Parliament or an Act of a provincial legislature or at common law to disclose information.

Marginal note:Immunity

10 No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done or omitted to be done in good faith under this Act.

Marginal note:Governor in Council

11 The Governor in Council may make regulations

• (a) establishing the criteria for determining whether a person who is found guilty of a sexual offence against a child poses a high risk of committing a crime of a sexual nature; and

• (b) prescribing anything that, by this Act, is to be prescribed.