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

Short Title

Marginal note:Short title

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

Purpose and Principles

Marginal note:Purpose

• 2 (1) The purpose of this Act is to help police services prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.

• Marginal note:Principles

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

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

  • (b) 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

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

    • (i) the information be collected only to enable police services to prevent or investigate crimes of a sexual nature, and

    • (ii) access to the information, and use and disclosure of it, be restricted.

Interpretation

Marginal note:Definitions

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

  database

  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

  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)

  information

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

  main residence

  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

  member of a police service includes

  • (a) 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

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

  Ontario Act

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

  order

  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

  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

  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

  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

  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

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

  sex offender

  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

  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 and as a result of which the offender is required to comply with this Act; 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 required to comply with this Act. (infraction sexuelle visant un enfant)

• Marginal note:Interpretation

  (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.

Obligations of Sex Offenders

Marginal note:First obligation to report

• 4 (1) 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

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

    • (i) they are not given a custodial sentence,

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

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

  • (b) 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;

  • (b.1) 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;

  • (b.2) 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;

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

  • (d) they are released from custody after serving the custodial portion of a sentence for the offence in connection with which the order is made.

• Marginal note:First obligation to report

  (2) 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

  • (a) 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

  • (b) 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

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

    • (i.1) they receive an absolute or conditional discharge or are released from custody under Division 7 of Part III of the National Defence Act,

    • (i.2) an imprisonment or a detention to which they are sentenced is suspended under section 215 or 216 of the National Defence Act,

    • (ii) they are released from custody pending the determination of an appeal, or

    • (iii) they are released from custody after serving the custodial portion of a sentence.

• Marginal note:Means of reporting

  (3) 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.

• Marginal note:Compliance before leaving Canada

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

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,

  • (a) 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;

  • (b) 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;

  • (b.1) 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;

  • (b.2) 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

  • (c) at any time between 11 months and one year after they last reported to a registration centre under this Act.

• 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.

Marginal note:More than one order or obligation

4.2 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.

Marginal note:Temporarily outside Canada

• 4.3 (1) 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.

• 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.

Marginal note:Obligation to provide information

• 5 (1) 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:

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

  • (b) their date of birth and gender;

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

  • (d) 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;

  • (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;

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

  • (f) 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;

  • (g) their height and weight and a description of every physical distinguishing mark that they have;

  • (h) 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;

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

  • (j) the passport number and the name of the issuing jurisdiction of every passport that they hold.

• 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 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.

• Marginal note:Additional information

  (3) 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 observable characteristic that may assist in identification of the sex offender, including their eye colour and hair colour, and may require that their photograph be taken.