Bill S-12
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- ENGLISH
- SUMMARY SUMMARY
- Criminal Code Criminal Code
- Sex Offender Information Registration Act Sex Offender Information Registration Act
- International Transfer of Offenders Act International Transfer of Offenders Act
- Coordinating Amendments Coordinating Amendments
- Coming into Force Coming into Force
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First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023 |
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STATUTES OF CANADA 2023
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An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act
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ASSENTED TO
October 26, 2023
BILL S-12 |
SUMMARY
This enactment amends the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act to, among other things,
(a) require compliance with the Sex Offender Information Registration Act for persons who are convicted of an offence of a sexual nature against a child and for persons who have been convicted on separate occasions of two or more offences of a sexual nature;
(b) require other persons who are convicted of, or receive a verdict of not criminally responsible on account of mental disorder for, an offence of a sexual nature to comply with that Act unless a court is satisfied that doing so would have no connection to the purposes of that Act or that the impact on the person of doing so would be grossly disproportionate to those purposes;
(c) provide that an order to comply with that Act as a result of convictions, or verdicts of not criminally responsible on account of mental disorder, for two or more offences of a sexual nature that are dealt with in the same proceeding — or an obligation to comply with that Act as a result of convictions, or such verdicts, for two or more offences of a sexual nature — does not apply for life if a court is satisfied that the offences do not demonstrate a pattern of behaviour showing that the person presents an increased risk of reoffending by committing such an offence;
(d) authorize a peace officer to obtain a warrant to arrest a person who has contravened any of sections 4 to 5.1 of that Act and bring them to a registration centre to remedy that contravention; and
(e) clarify the obligations in section 6 of that Act respecting the notice that sex offenders who plan to absent themselves from their residence must provide.
The enactment also amends the Criminal Code to, among other things, codify the process for modifying and revoking publication bans, and add a requirement for sentencing courts to inquire into whether the victim of an offence would like to receive information about the administration of the offender’s sentence and, in the affirmative, provide the Correctional Service of Canada with the victim’s contact information.
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Available on the Senate of Canada website at the following address: www.sencanada.ca/en |
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70-71 Elizabeth II – 1-2 Charles III |
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CHAPTER 28 |
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An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act |
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[Assented to 26th October, 2023]
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His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
Criminal Code
1 Paragraph 153.1(1)(a) of the Criminal Code is replaced by the following:
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(a) an indictable offence and liable to imprisonment for a term not exceeding 10 years; or
2 (1) Subparagraph 486.4(1)(a)(i) of the Act is replaced by the following:
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(i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 162.1, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or
(2) Paragraph 486.4(2)(a) of the Act is replaced by the following:
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(a) as soon as feasible, inform any witness under the age of 18 years and the victim of the right to make an application for the order;
(3) Subsection 486.4(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after that paragraph:
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(c) if an order is made, as soon as feasible, inform the witnesses and the victim who are the subject of that order of its existence and of their right to apply to revoke or vary it.
(4) Subsection 486.4(2.2) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
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(c) if an order is made, as soon as feasible, inform the victim of the existence of the order and of their right to apply to revoke or vary it.
(5) Subsection 486.4(4) of the Act is replaced by the following:
Inquiry by court
(3.1) If the prosecutor makes an application for an order under paragraph (2)(b) or (2.2)(b), the presiding judge or justice shall
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(a) if the victim or witness is present, inquire of the victim or witness if they wish to be the subject of the order;
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(b) if the victim or witness is not present, inquire of the prosecutor if, before the application was made, they determined if the victim or witness wishes to be the subject of the order; and
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(c) in any event, advise the prosecutor of their duty under subsection (3.2).
Duty to inform
(3.2) If the prosecutor makes the application, they shall, as soon as feasible after the presiding judge or justice makes the order, inform the judge or justice that they have
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(a) informed the witnesses and the victim who are the subject of the order of its existence;
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(b) determined whether they wish to be the subject of the order; and
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(c) informed them of their right to apply to revoke or vary the order.
Limitation
(4) An order made under this section does not apply in either of the following circumstances:
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(a) the disclosure of information is made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; or
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(b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.
(6) Section 486.4 of the Act is amended by adding the following after subsection (4):
Limitation — victim or witness
(5) An order made under this section does not apply in respect of the disclosure of information by the victim or witness when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim or witness.
3 (1) Subsection 486.5(3) of the Act is replaced with the following:
Limitation
(3) An order made under this section does not apply in either of the following circumstances:
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(a) the disclosure of information is made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; or
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(b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.
Limitation — victim, etc.
(3.1) An order made under this section does not apply in respect of the disclosure of information by the victim, witness or justice system participant when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim, or witness or justice system participant.
(2) Section 486.5 of the Act is amended by adding the following after subsection (5):
Duties — judge or justice
(5.1) If the prosecutor makes an application for an order under subsection (1) or (2), the judge or justice shall
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(a) if the victim, witness or justice system participant is present, inquire of them if they wish to be the subject of the order;
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(b) if the victim, witness or justice system participant is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim, witness or justice system participant wishes to be the subject of the order; and
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(c) in any event, advise the prosecutor of their duty under subsection (8.2).
(3) Section 486.5 of the Act is amended by adding the following after subsection (8):
Supplementary duty — judge or justice
(8.1) If an order is made, the judge or justice shall, as soon as feasible, inform the victims, witnesses and justice system participants who are the subject of that order of its existence and of their right to apply to revoke or vary it.
Duty to inform
(8.2) If the prosecutor makes the application, they shall, as soon as feasible after the judge or justice makes the order, inform the judge or justice that they have
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(a) informed the victims, witnesses and justice system participants who are the subject of the order of its existence;
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(b) determined whether they wish to be the subject of the order; and
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(c) informed them of their right to apply to revoke or vary the order.
4 The Act is amended by adding the following after section 486.5:
Application — vary or revoke
486.51 (1) If a person who is the subject of an order made under section 486.4 or 486.5 requests that the prosecutor have it varied or revoked, the prosecutor shall, as soon as feasible, make an application to vary or revoke the order on their behalf.
Order — vary or revoke
(2) If an application to vary or revoke an order made under section 486.4 or 486.5 is made by the person who is the subject of the order or by any other person, including a prosecutor, who is acting on their behalf, the court that made the order or, if that court is for any reason unable to act, another court of equivalent jurisdiction in the same province shall, without holding a hearing, vary or revoke the order, unless the court is of the opinion that to do so may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.
Hearing
(3) If the court is of the opinion that varying or revoking the order that is the subject of an application referred to in subsection (2) may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person, the court shall hold a hearing to determine whether the order should be varied or revoked.
Factor
(4) In order to determine whether the order should be varied, the court shall take into account whether it is possible to do so in a manner that protects the privacy interests of any other person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.
Notice
(5) The applicant is not required to provide notice of the application to vary or revoke the order to the accused.
Submissions
(6) The accused shall not be permitted to make submissions in relation to the application.
Notice of change
(7) If the order is varied or revoked, the prosecutor shall notify the accused.
5 Section 486.6 of the Act is amended by adding the following after subsection (1):
Prosecution — limitation
(1.1) A prosecutor shall not commence or continue a prosecution against a person who is the subject of the order unless, in the opinion of the prosecutor,
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(a) the person knowingly failed to comply with the order;
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(b) the privacy interests of another person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person have been compromised; and
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(c) a warning to the individual is not appropriate.
6 (1) The portion of subsection 490.011(1) of the Act before the definition crime of a sexual nature is replaced by the following:
Definitions
490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.07.
(2) The definition designated offence in subsection 490.011(1) of the Act is replaced by the following:
designated offence means a primary offence or a secondary offence. (infraction désignée)
(3) Subsection 490.011(1) of the Act is amended by adding the following in alphabetical order:
primary offence means
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(a) an offence under any of the following provisions:
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(i) subsection 7(4.1) (offence in relation to sexual offences against children),
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(ii) section 151 (sexual interference),
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(iii) section 152 (invitation to sexual touching),
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(iv) section 153 (sexual exploitation),
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(v) section 153.1 (sexual exploitation of person with disability),
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(vi) section 155 (incest),
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(vii) subsection 160(1) (bestiality),
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(viii) subsection 160(2) (compelling the commission of bestiality),
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(ix) subsection 160(3) (bestiality in presence of or by a child),
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(x) section 162.1 (publication, etc., of an intimate image without consent),
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(xi) section 163.1 (child pornography),
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(xii) section 170 (parent or guardian procuring sexual activity),
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(xiii) section 171.1 (making sexually explicit material available to child),
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(xiv) section 172.1 (luring a child),
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(xv) section 172.2 (agreement or arrangement — sexual offence against child),
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(xvi) subsection 173(2) (exposure),
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(xvii) section 271 (sexual assault),
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(xviii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
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(xix) section 273 (aggravated sexual assault),
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(xx) subsection 273.3(2) (removal of a child from Canada),
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(xxi) section 279.011 (trafficking — person under 18 years),
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(xxii) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
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(xxiii) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
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(xxiv) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),
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(xxv) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and
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(xxvi) subsection 286.3(2) (procuring — person under 18 years);
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(b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:
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(i) section 144 (rape),
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(ii) section 145 (attempt to commit rape),
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(iii) section 149 (indecent assault on female),
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(iv) section 156 (indecent assault on male), and
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(v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);
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(c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:
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(i) section 246.1 (sexual assault),
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(ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and
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(iii) section 246.3 (aggravated sexual assault);
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(d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:
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(i) subsection 146(1) (sexual intercourse with a female under age of fourteen),
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(ii) subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen),
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(iii) section 153 (sexual intercourse with step-daughter),
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(iv) section 157 (gross indecency),
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(v) section 166 (parent or guardian procuring defilement), and
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(vi) section 167 (householder permitting defilement);
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(e) an offence under any of the following provisions of this Act, as they read from time to time before December 6, 2014 :
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(i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),
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(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),
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(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and
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(iv) subsection 212(4) (prostitution of person under 18 years); or
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(f) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (e). (infraction primaire)
secondary offence means
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(a) an offence under any of the following provisions:
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(i) section 162 (voyeurism),
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(ii) subsection 173(1) (indecent acts),
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(iii) section 177 (trespassing at night),
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(iv) section 231 (murder),
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(v) section 234 (manslaughter),
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(vi) paragraph 245(1)(a) (administering noxious thing with intent to endanger life or cause bodily harm),
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(vii) paragraph 245(1)(b) (administering noxious thing with intent to aggrieve or annoy),
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(viii) section 246 (overcoming resistance to commission of offence),
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(ix) section 264 (criminal harassment),
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(x) section 279 (kidnapping),
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(xi) section 279.01 (trafficking in persons),
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(xii) subsection 279.02(1) (material benefit — trafficking),
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(xiii) subsection 279.03(1) (withholding or destroying documents — trafficking),
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(xiv) section 280 (abduction of a person under age of sixteen),
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(xv) section 281 (abduction of a person under age of fourteen),
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(xvi) subsection 286.1(1) (obtaining sexual services for consideration),
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(xvii) subsection 286.2(1) (material benefit from sexual services),
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(xviii) subsection 286.3(1) (procuring),
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(xix) section 346 (extortion),
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(xx) paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence),
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(xxi) paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence),
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(xxii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and
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(xxiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence); or
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(b) an attempt or conspiracy to commit an offence referred to in paragraph (a). (infraction secondaire)
7 Section 490.012 of the Act is replaced by the following:
Order
490.012 (1) Subject to subsection (5), when a court imposes a sentence on a person for a designated offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act if
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(a) the designated offence was prosecuted by indictment;
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(b) the sentence for the designated offence is a term of imprisonment of two years or more; and
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(c) the victim of the designated offence is under the age of 18 years.
Order — previous offence or obligation
(2) Subject to subsection (5), when a court imposes a sentence on a person for a designated offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act if the prosecutor establishes that, before or after the coming into force of paragraphs (a) and (b), the person
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(a) was previously convicted of a primary offence or previously convicted under section 130 of the National Defence Act in respect of a primary offence; or
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(b) is or was, as a result of a conviction, subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
Order — other circumstances
(3) Subject to subsection (5), when a court imposes a sentence on a person for a designated offence in circumstances in which neither subsection (1) nor (2) applies, or when the court renders a verdict of not criminally responsible on account of mental disorder for a designated offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act unless the court is satisfied the person has established that
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(a) there would be no connection between making the order and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under that Act; or
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(b) the impact of the order on the person, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
Factors
(4) In determining whether to make an order under subsection (3) in respect of a person, the court shall consider
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(a) the nature and seriousness of the designated offence;
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(b) the victim’s age and other personal characteristics;
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(c) the nature and circumstances of the relationship between the person and the victim;
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(d) the personal characteristics and circumstances of the person;
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(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
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(f) the opinions of experts who have examined the person; and
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(g) any other factors that the court considers relevant.
Limitation — secondary offences
(5) A court shall make an order under any of subsections (1) to (3) in respect of a secondary offence only if the prosecutor applies for the order and establishes beyond a reasonable doubt that the person committed the secondary offence with the intent to commit a primary offence.
8 (1) The portion of subsection 490.013(2) of the Act before paragraph (c) is replaced by the following:
Duration of order — s. 490.012(1) or (3)
(2) An order made under subsection 490.012(1) or (3)
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(a) subject to subsections (3) and (5), ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
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(b) subject to subsections (3) and (5), ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(2) Subsections 490.013(2.1) to (5) of the Act are replaced by the following:
Duration of order — offences in same proceeding
(3) An order made under subsection 490.012(1) or (3) applies for life if
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(a) in the same proceeding, the person has been convicted of, or a verdict of not criminally responsible on account of mental disorder is rendered for, two or more designated offences in connection with which an order under any of subsections 490.012(1) to (3) may be made; and
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(b) the court is satisfied that those offences demonstrate, or form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
If court not satisfied
(4) If paragraph (3)(a) applies in the circumstances but the court is not satisfied as set out in paragraph (3)(b), the duration of the order is determined by applying paragraphs (2)(a) to (c) to the designated offence with the longest maximum term of imprisonment.
Duration of order — other order or obligation
(5) An order made under subsection 490.012(1) or (3) applies for life if the person
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(a) was previously convicted of, or previously received a verdict of not criminally responsible on account of mental disorder for, a primary offence or an offence under section 130 of the National Defence Act in respect of a primary offence; or
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(b) is, or was at any time, the subject of an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
Duration of order — s. 490.012(2)
(6) An order made under subsection 490.012(2) applies for life.
9 Section 490.014 of the Act is replaced by the following:
Reasons
490.0131 The court shall
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(a) state the designated offence, and the term of imprisonment imposed for it, that form the basis of an order made under subsection 490.012(1); and
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(b) give reasons for a decision under subsection 490.012(3) or paragraph 490.013(3)(b).
Failure to make order
490.0132 If the court does not consider the matter under any of subsections 490.012(1) to (3) at the time the sentence is imposed, or a verdict of not criminally responsible on account of mental disorder is rendered, for a primary offence, the court
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(a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;
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(b) retains jurisdiction over the matter;
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(c) may require the person to appear at the hearing by videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel; and
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(d) may issue a summons in Form 6.3 to compel the attendance of the person at the hearing.
Appeal
490.014 The prosecutor, or a person who is subject to an order made under section 490.012, may appeal from a decision of the court under section 490.012 or 490.013 on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may
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(a) dismiss the appeal; or
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(b) allow the appeal and order a new hearing, quash or amend the order or make an order that may be made under section 490.012.
10 (1) Paragraph 490.015(1)(c) of the Act is replaced by the following:
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(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or in any of subsections 490.013(3), (5) or (6).
(2) Subsection 490.015(3) of the Act is replaced by the following:
Pardon, record suspension or absolute discharge
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon, once a record suspension is ordered or once they are absolutely discharged under paragraph 672.54(a).
11 Subsection 490.016(1) of the Act is replaced by the following:
Termination order
490.016 (1) The court shall make a termination order if it is satisfied that the person has established that
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(a) there would be no connection between continuing an order or obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
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(b) the impact on the person of continuing an order or obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
Factors
(1.1) In determining whether to make the termination order, the court shall consider
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(a) the nature and seriousness of the offence that is the basis of an order or obligation;
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(b) the victim’s age and other personal characteristics;
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(c) the nature and circumstances of the relationship between the person and the victim;
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(d) the personal characteristics and circumstances of the person;
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(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
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(f) the opinions of experts who have examined the person; and
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(g) any other factors that the court considers relevant.
12 Subparagraph 490.018(1)(d)(iv) of the Act is replaced by the following:
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(iv) the Commissioner of the Royal Canadian Mounted Police and, if there is a provincial police service that is responsible for the registration of information under the Sex Offender Information Registration Act in the province in which the court makes the order, the head of that police service.
13 Section 490.02 of the Act is amended by adding the following after subsection (2):
References
(3) The reference in subsection (1) to the definition designated offence is a reference to that definition as it read from time to time before the day on which this subsection comes into force, and the reference in paragraph (2)(b) to subsection 490.012(3) is a reference to that provision as it read from time to time before that day.
14 Section 490.022 of the Act is amended by adding the following after subsection (3):
Reference
(4) The reference in paragraph (3)(d) to the definition designated offence is to a reference to that definition as it read from time to time before the day on which this subsection comes into force.
15 (1) The portion of subsection 490.026(2) of the Act before paragraph (a) is replaced by the following:
Time for application
(2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice:
(2) Subsections 490.026(3) and (4) of the Act are replaced by the following:
More than one offence
(3) If more than one offence is listed in the notice, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence.
Pardon, record suspension or absolute discharge
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon, once a record suspension is ordered or once they are absolutely discharged under paragraph 672.54(a).
16 Subsection 490.027(1) of the Act is replaced by the following:
Termination order
490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that
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(a) there would be no connection between continuing the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
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(b) the impact on the person of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
Factors
(1.1) In determining whether to make the termination order, the court shall consider
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(a) the nature and seriousness of the offence that is the basis of the obligation;
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(b) the victim’s age and other personal characteristics;
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(c) the nature and circumstances of the relationship between the person and the victim;
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(d) the personal characteristics and circumstances of the person;
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(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
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(f) the opinions of experts who have examined the person; and
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(g) any other factors that the court considers relevant.
17 Subsection 490.02902(1) of the Act is replaced by the following:
Persons who may be served
490.02902 (1) The Attorney General of a province, or the minister of justice of a territory, may serve a person with a notice in Form 54 only if the person arrived in Canada on or after April 15, 2011 and they were convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada — other than a service offence as defined in subsection 2(1) of the National Defence Act — that is, in the opinion of the Attorney General or minister of justice, equivalent to an offence referred to in paragraph (a) of the definition primary offence in subsection 490.011(1).
18 Paragraph 490.02904(3)(d) of the Act is replaced by the following:
-
(d) applies for life if, on April 15, 2011 or before or after that day, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence outside Canada that is, in the opinion of the Attorney General of the province or minister of justice of the territory, equivalent to an offence referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) and if more than one of those offences is listed in the notice.
19 (1) Subsection 490.02905(2) of the Act is replaced by the following:
Exemption order
(2) The court shall make an exemption order if it is satisfied that the person has established that
-
(a) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question;
-
(b) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition primary offence in subsection 490.011(1);
-
(c) there is no connection between the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
-
(d) the impact of the obligation on the person, including on their privacy or liberty, is grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
Factors
(2.1) In determining whether to make an exemption order under paragraph (2)(c) or (d), the court shall consider
-
(a) the nature and seriousness of the offence that is the basis of the obligation;
-
(b) the victim’s age and other personal characteristics;
-
(c) the nature and circumstances of the relationship between the person and the victim;
-
(d) the personal characteristics and circumstances of the person;
-
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
-
(f) the opinions of experts who have examined the person; and
-
(g) any other factors that the court considers relevant.
Order to correct
(2.2) If the court does not make an exemption order but is satisfied that the offence in question, though not equivalent to the offence referred to in the notice, is equivalent to another offence referred to in paragraph (a) of the definition primary offence in subsection 490.011(1), the court shall order that the notice be corrected.
(2) Subsection 490.02905(5) of the Act is replaced by the following:
Notification
(5) If the court makes an order referred to in subsection (2.2), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
20 The Act is amended by adding the following after section 490.02905:
Application for variation order
490.029051 (1) A person who is served with a notice in Form 54 under section 490.02903 may, within one year after they are served, apply to a court of criminal jurisdiction for an order to vary the duration of the obligation if
-
(a) the obligation applies for life under paragraph 490.02904(3)(d); and
-
(b) none of the offences in question listed in the notice have an equivalent offence with a maximum term of imprisonment for life provided for in Canadian law.
Variation order
(2) The court shall make the variation order if it is satisfied that the person has established that the offences in question listed in the notice do not demonstrate, or do not form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
Variation of duration
(3) If the court makes a variation order, it shall set out the duration of the obligation in the order, which shall be determined by applying paragraphs 490.02904(3)(a) and (b) to the offence in question listed in the notice whose equivalent offence has the longest maximum term of imprisonment provided for in Canadian law.
Reasons for decision
(4) The court shall give reasons for its decision.
Notification
(5) The court shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of a variation order made under this section.
21 Subsection 490.02906(1) of the Act is replaced by the following:
Appeal
490.02906 (1) The Attorney General or the person who applied for an exemption order or a variation order may appeal from a decision under subsection 490.02905(2) or (2.2) or 490.029051(2) or (3) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may
-
(a) dismiss the appeal; or
-
(b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.02905(2) or (2.2) or 490.029051(2).
22 Section 490.02907 of the Act is renumbered as subsection 490.02907(1) and is amended by adding the following:
Notice — variation order
(2) If an appeal court quashes a variation order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
23 Subsection 490.02909(1) of the Act is replaced by the following:
Termination order
490.02909 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that
-
(a) there would be no connection between continuing the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
-
(b) the impact on the person of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
Factors
(1.1) In determining whether to make the termination order, the court shall consider
-
(a) the nature and seriousness of the offence that is the basis of the obligation;
-
(b) the victim’s age and other personal characteristics;
-
(c) the nature and circumstances of the relationship between the person and the victim;
-
(d) the personal characteristics and circumstances of the person;
-
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
-
(f) the opinions of experts who have examined the person; and
-
(g) any other factors that the court considers relevant.
24 Subsection 490.02911(1) of the Act is replaced by the following:
Obligation to advise police service
490.02911 (1) A person who was convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada shall, if the offence is equivalent to one referred to in paragraph (a) of the definition primary offence in subsection 490.011(1), advise a police service within seven days after the day on which they arrive in Canada of that fact and of
-
(a) their name, date of birth, gender, address and telephone number in Canada; and
-
(b) to the best of their knowledge,
-
(i) the offence for which they were convicted or found not criminally responsible,
-
(ii) the country — and, if applicable, the province, state, territory or municipality in that country — in which the offence was committed,
-
(iii) the day on which the offence was committed,
-
(iv) the day on which they were convicted of the offence or found not criminally responsible for it, and
-
(v) if different from the day on which they were convicted of the offence, the day on which the sentence was imposed.
-
New obligation to advise
(1.1) The person is not required to advise the police service again under subsection (1) unless they are later convicted of or found not criminally responsible on account of mental disorder for another offence outside Canada referred to in that subsection.
25 The Act is amended by adding the following before section 490.02912:
Application for exemption order
490.029111 (1) A person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act may apply to a court of criminal jurisdiction for an order exempting them from the obligation within one year after the day of their transfer to Canada under that Act.
Exemption order
(2) The court shall make an exemption order if it is satisfied that the person has established that
-
(a) there is no connection between the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
-
(b) the impact of the obligation on the person, including on their privacy or liberty, is grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
Factors
(3) In determining whether to make an exemption order, the court shall consider
-
(a) the nature and seriousness of the offence that is the basis of the obligation;
-
(b) the victim’s age and other personal characteristics;
-
(c) the nature and circumstances of the relationship between the person and the victim;
-
(d) the personal characteristics and circumstances of the person;
-
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
-
(f) the opinions of experts who have examined the person; and
-
(g) any other factors that the court considers relevant.
Reasons for decision
(4) The court shall give reasons for its decision.
Removal of information from database
(5) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act.
Application for variation order
490.029112 (1) A person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act may, within one year after the day of their transfer to Canada under that Act, apply to a court of criminal jurisdiction for an order to vary the duration of the obligation if
-
(a) the obligation applies for life under subsection 36.2(3) of that Act; and
-
(b) none of the offences in question listed in the Form 1 referred to in subparagraph 8(4)(a)(ii) of that Act have an equivalent criminal offence with a maximum term of imprisonment for life provided for in Canadian law.
Variation order
(2) The court shall make the variation order if it is satisfied that the person has established that the offences in question listed in that Form 1 do not demonstrate, or do not form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
Variation of duration
(3) If the court makes a variation order, it shall set out the duration of the obligation in the order, which shall be determined by applying paragraphs 36.2(2)(a) and (b) of the International Transfer of Offenders Act to the offence in question listed in that Form 1 whose equivalent criminal offence has the longest maximum term of imprisonment provided for in Canadian law.
Reasons for decision
(4) The court shall give reasons for its decision.
Notification
(5) The court shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of a variation order made under this section.
Appeal
490.029113 (1) The Attorney General or the person who applied for an exemption order or a variation order may appeal from a decision under subsection 490.029111(2) or 490.029112(2) or (3) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may
-
(a) dismiss the appeal; or
-
(b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.029111(2) or section 490.029112.
Removal of information from database
(2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act.
Requirements relating to notice
490.029114 (1) If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.
Notice — variation order
(2) If an appeal court quashes a variation order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
26 Section 490.02912 of the Act is amended by adding the following after subsection (3):
Absolute discharge
(3.1) Despite subsections (2) and (3), a person may apply for a termination order once they are absolutely discharged under paragraph 672.54(a).
27 Subsection 490.02913(1) of the Act is replaced by the following:
Termination order
490.02913 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that
-
(a) there would be no connection between continuing the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
-
(b) the impact of continuing the obligation on the person, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
Factors
(1.1) In determining whether to make the termination order, the court shall consider
-
(a) the nature and seriousness of the offence that is the basis of the obligation;
-
(b) the victim’s age and other personal characteristics;
-
(c) the nature and circumstances of the relationship between the person and the victim;
-
(d) the personal characteristics and circumstances of the person;
-
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
-
(f) the opinions of experts who have examined the person; and
-
(g) any other factors that the court considers relevant.
28 Paragraph 490.03(1)(b) of the Act is replaced by the following:
-
(b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under section 490.016, 490.023, 490.027, 490.02905, 490.029051, 490.02909, 490.029111, 490.029112, 490.02913, 490.04 or 490.05 or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under section 490.012 or 490.013.
29 Subsection 490.031(3) of the Act is replaced by the following:
Proof of certain facts by certificate
(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
30 The portion of section 490.0311 of the Act before paragraph (a) is replaced by the following:
Offence
490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) or (1.01) of the Sex Offender Information Registration Act is guilty of an offence and liable
31 The Act is amended by adding the following after section 490.0312:
Warrant
Warrant to arrest
490.03121 (1) If a justice is satisfied that there are reasonable grounds to believe that a person has contravened any of sections 4 to 5.1 of the Sex Offender Information Registration Act, the justice may issue a warrant in Form 6.4 authorizing a peace officer to arrest the person and, despite section 7.1 of that Act, bring them to any registration centre to remedy the contravention.
Conditions
(2) The warrant shall contain any conditions that the justice considers advisable to ensure that an arrest authorized by the warrant is reasonable in the circumstances.
Execution of warrant
(3) The warrant may be executed anywhere in Canada.
Warrant in force
(4) The warrant remains in force until it is executed, until a charge under section 490.031 is laid in respect of the contravention or until the person has remedied the contravention.
No charge
(5) No charge shall be laid against the person in respect of any contravention of any of sections 4 to 5.1 of that Act that is remedied by the person after the warrant is issued.
32 The Act is amended by adding the following after section 490.032:
Additional Orders
Application for exemption order
490.04 (1) A person may apply to a court for an order exempting them from
-
(a) an order made under section 490.012 on or after April 15, 2011 but before the day on which this paragraph comes into force; or
-
(b) an obligation under section 490.02901, or under section 36.1 of the International Transfer of Offenders Act, that began before the day on which this paragraph comes into force.
Limitation — application
(2) A person is not permitted to apply under paragraph (1)(b) if, on or after the day on which this subsection comes into force, they have made an application for an exemption order under section 490.02905 or 490.029111 in respect of the same obligation.
Jurisdiction
(3) The application shall be made to
-
(a) a superior court of criminal jurisdiction, if the application is made under paragraph (1)(a) in respect of an order made by such a court; or
-
(b) a court of criminal jurisdiction, in any other case.
Limitation — exemption order
(4) The court shall not make an exemption order in respect of an application made under paragraph (1)(a) if
-
(a) the designated offence that is the basis of the order made under section 490.012 was prosecuted by indictment, the sentence for that offence is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years; or
-
(b) before or after the order under section 490.012 was made, the person
-
(i) was convicted of a primary offence — or convicted of an offence under section 130 of the National Defence Act in respect of a primary offence — that is not the offence on the basis of which the order was made, or
-
(ii) is or was, as a result of a conviction, subject to another order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
-
Exemption order
(5) Subject to subsection (4), the court shall make an exemption order if it is satisfied that the person has established that, at the time the order was made or the obligation began,
-
(a) there was no connection between the order or obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
-
(b) the impact of the order or the obligation on the person, including on their privacy or liberty, was grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
Factors
(6) In determining whether to make the exemption order, the court shall consider
-
(a) the nature and seriousness of the offence that is the basis of the order or obligation;
-
(b) the victim’s age and other personal characteristics;
-
(c) the nature and circumstances of the relationship between the person and the victim;
-
(d) the personal characteristics and circumstances of the person;
-
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
-
(f) the opinions of experts who have examined the person; and
-
(g) any other factors that the court considers relevant.
Reasons for decision
(7) The court shall give reasons for its decision.
Removal of information from database
(8) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 490.012, the notice referred to in section 490.02901 or the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, as the case may be.
Application for variation order
490.05 (1) A person may apply to a court for an order to vary the duration of
-
(a) an order made under section 490.012, if the order applies for life under subsection 490.013(2.1), as it read from time to time before the day on which this paragraph comes into force;
-
(b) an obligation under section 490.019, if the obligation applies for life under paragraph 490.022(3)(d) and none of the offences listed in the notice in Form 53 served on the person in respect of the obligation have a maximum term of imprisonment for life;
-
(c) an obligation under section 490.02901, if the obligation applies for life under paragraph 490.02904(3)(d), the obligation began before the day on which this paragraph comes into force and the condition set out in paragraph 490.029051(1)(b) is met; or
-
(d) an obligation under section 36.1 of the International Transfer of Offenders Act, if the obligation applies for life under subsection 36.2(3) of that Act, the obligation began before the day on which this paragraph comes into force and the condition set out in paragraph 490.029112(1)(b) is met.
Limitation
(2) A person is not permitted to apply under paragraph (1)(c) or (d) if they have made an application for a variation order under section 490.029051 or 490.029112 in respect of the same obligation.
Jurisdiction
(3) The application shall be made to
-
(a) a superior court of criminal jurisdiction, if the application is made under paragraph (1)(a) in respect of an order made by such a court; or
-
(b) a court of criminal jurisdiction, in any other case.
Variation order
(4) The court shall make the variation order if it is satisfied that the person has established that the offences that are the basis of the order or obligation do not demonstrate, or do not form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
Variation of duration
(5) If the court makes a variation order, it shall set out the duration of the order or obligation in the order, which shall be determined by applying
-
(a) subsection 490.013(2) to the offence in question with the longest maximum term of imprisonment, in the case of an order under section 490.012;
-
(b) paragraphs 490.022(3)(a) and (b) to the offence in question with the longest maximum term of imprisonment, in the case of an obligation under section 490.019;
-
(c) paragraphs 490.02904(3)(a) and (b) to the offence in question whose equivalent offence has the longest maximum term of imprisonment provided for in Canadian law, in the case of an obligation under section 490.02901; and
-
(d) paragraphs 36.2(2)(a) and (b) of the International Transfer of Offenders Act to the offence in question whose equivalent criminal offence has the longest maximum term of imprisonment provided for in Canadian law, in the case of an obligation under section 36.1 of that Act.
Reasons for decision
(6) The court shall give reasons for its decision.
Notification
(7) The court shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of a variation order made under this section.
Appeal
490.06 (1) The Attorney General or the person who applied for an exemption order or a variation order may appeal from a decision under subsection 490.04(4) or (5) or 490.05(4) or (5) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may
-
(a) dismiss the appeal; or
-
(b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.04(5) or section 490.05.
Removal of information from database
(2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 490.012, the notice referred to in section 490.02901 or the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, as the case may be.
Requirements relating to notice
490.07 (1) If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.
Notice — variation order
(2) If an appeal court quashes a variation order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
33 Subsection 703(2) of the Act is replaced by the following:
Warrant effective in a province
(2) Despite any other provision of this Act but subject to subsections 487.0551(2), 490.03121(3) and 705(3), a warrant of arrest or committal that is issued by a justice or provincial court judge may be executed anywhere in the province in which it is issued.
34 The Act is amended by adding the following after section 726.2:
Inquiry by court
726.3 When imposing a sentence, a court must inquire of the prosecutor if reasonable steps were taken to determine whether the victim wishes to receive information regarding the sentence and its administration and must, if known, enter the victim’s wishes into the record of the proceedings.
35 Section 743.2 of the Act is replaced by the following:
Report by court to Correctional Service
743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act.
36 Part XXVIII of the Act is amended by adding the following after Form 6.2:
Canada,
Province of
(territorial division)
To (name of person), of , born on (date of birth):
Because on (date) at (hour) at (place) a sentence was imposed on you — or a verdict of not criminally responsible on account of mental disorder was rendered in respect of you — for a primary offence and the court did not, at the time the sentence was imposed or the verdict was rendered, consider whether an order to comply with the Sex Offender Information Registration Act should be made under any of subsections 490.012(1) to (3) of the Criminal Code;
You are ordered, in His Majesty’s name, to appear on (date) at (hour) at (place) for the purposes of considering whether an order should be made under any of subsections 490.012(1) to (3) of the Criminal Code in respect of the primary offence for which the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered.
You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear as required in this summons.
If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
Signed on (date), at (place).
(Signature of judge, justice or clerk of the court)
(Name of the judge or justice)
Canada
Province of
(territorial division)
To the peace officers in (territorial division):
This warrant is issued for the arrest of (name of person), of , born on (date of birth).
Whereas (name of person) contravened a requirement, under the Criminal Code or another Act of Parliament, to comply with sections 4 to 5.1 of the Sex Offender Information Registration Act;
This is, therefore, to command you, in His Majesty’s name, to arrest (name of person) without delay in order to bring them to a registration centre, as defined in subsection 3(1) of the Sex Offender Information Registration Act, to remedy any contravention of any of sections 4 to 5.1 of that Act.
Signed on (date), at (place).
(Signature of justice)
(Name of the justice who has issued this warrant)
37 Form 34.2 of Part XXVIII of the Act is replaced by the following:
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the offence or the offender that is not relevant to the harm or loss you suffered;
• any unproven allegations;
• any comments about any offence for which the offender was not convicted;
• any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or
• except with the court’s approval, an opinion or recommendation about the sentence.
You may present a detailed account of the impact the offence has had on your life. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Emotional impact
Describe how the offence has affected you emotionally. For example, think of
• your lifestyle and activities;
• your relationships with others such as your spouse, family and friends;
• your ability to work, attend school or study; and
• your feelings, emotions and reactions as they relate to the offence.
Physical impact
Describe how the offence has affected you physically. For example, think of
• ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;
• hospitalization or surgery you have had because of the offence;
• treatment, physiotherapy or medication you have been prescribed;
• the need for any further treatment or the expectation that you will receive further treatment; and
• any permanent or long-term disability.
Economic impact
Describe how the offence has affected you financially. For example, think of
• the value of any property that was lost or damaged and the cost of repairs or replacement;
• any financial loss due to missed time from work;
• the cost of any medical expenses, therapy or counselling;
• any costs or losses that are not covered by insurance.
Please note that this is not an application for compensation or restitution.
Fears for security
Describe any fears you have for your security or that of your family and friends. For example, think of
• concerns with respect to contact with the offender; and
• concerns with respect to contact between the offender and members of your family or close friends.
Drawing, poem or letter
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you.
□ I would like to present my statement in court.
□ I would like to receive information respecting the sentence imposed on the offender and its administration.
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20 , at .
Signature of declarant
If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim.
Dated this day of 20 , at .
Signature of declarant
38 Form 48.2 of Part XXVIII of the Act is replaced by the following:
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you;
• any unproven allegations;
• any comments about any conduct for which the accused was not found not criminally responsible;
• any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or
• except with the court’s or Review Board’s approval, an opinion or recommendation about the disposition.
The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Emotional impact
Describe how the accused’s conduct has affected you emotionally. For example, think of
• your lifestyle and activities;
• your relationships with others such as your spouse, family and friends;
• your ability to work, attend school or study; and
• your feelings, emotions and reactions as these relate to the conduct.
Physical impact
Describe how the accused’s conduct has affected you physically. For example, think of
• ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;
• hospitalization or surgery you have had because of the conduct of the accused;
• treatment, physiotherapy or medication you have been prescribed;
• the need for any further treatment or the expectation that you will receive further treatment; and
• any permanent or long-term disability.
Economic impact
Describe how the accused’s conduct has affected you financially. For example, think of
• the value of any property that was lost or damaged and the cost of repairs or replacement;
• any financial loss due to missed time from work;
• the cost of any medical expenses, therapy or counselling; and
• any costs or losses that are not covered by insurance.
Please note that this is not an application for compensation or restitution.
Fears for security
Describe any fears you have for your security or that of your family and friends. For example, think of
• concerns with respect to contact with the accused; and
• concerns with respect to contact between the accused and members of your family or close friends.
Drawing, poem or letter
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you.
□ I would like to read or present my statement (in court or before the Review Board).
□ I would like to receive information respecting any hearings held to make or review a disposition in respect of the accused.
□ I would like to receive information respecting any disposition made in respect of the accused.
□ If the accused is discharged absolutely or conditionally, I would like to receive notice of that discharge and of the accused’s intended place of residence.
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20 , at .
Signature of declarant
39 Section 2 of Form 52 of Part XXVIII of the Act is replaced by the following:
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that 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), (5) or (6) of the Criminal Code applies, for life).
40 (1) The paragraph of Form 54 of Part XXVIII of the Act that begins with “Because, on (date)” and ends with “490.011(1) of the Criminal Code” is replaced by the following:
Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) of the Criminal Code;
(2) Section 2 of Form 54 of Part XXVIII of the Act is replaced by the following:
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that 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 490.02904(3)(c) or (d) of the Criminal Code applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) that the Attorney General of the province, or the minister of justice of the territory, has identified as equivalent to (description of offence(s)) under (applicable offence provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) of the Criminal Code) or for any shorter period determined under subsection 490.02904(2) of the Criminal Code.
(3) Form 54 of Part XXVIII of the Act is amended by adding the following after section 6:
6.1 You have the right to apply to a court to vary the duration of the obligation to comply with the Sex Offender Information Registration Act if the obligation applies for life because you were convicted or found not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court.
2004, c. 10
Sex Offender Information Registration Act
41 (1) Paragraphs 6(1)(a) and (b) of the Sex Offender Information Registration Act are replaced by the following:
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(a) 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;
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(b) 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
(2) Paragraphs 6(1.01)(a) to (d) of the Act are replaced by the following:
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(a) 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;
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(b) 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;
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(c) 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);
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(d) 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
(3) Section 6 of the Act is amended by adding the following after subsection (1.01):
Exception
(1.02) 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.
42 Subsections 8.1(3) and (4) of the Act are replaced by the following:
Registration of information — exemption orders
(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, 490.02905, 490.029111 or 490.04 of the Criminal Code.
Registration of information — exemption orders
(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 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.
43 (1) Subsection 15(1) of the Act is replaced by the following:
Retention of information
15 (1) Subject to subsections (2) and (3) and regulations made under paragraphs 19(3)(b) and (d), information that is registered in the database in accordance with this Act shall be kept in the database until 50 years have elapsed after the death of the sex offender to whom it relates.
(2) Subsection 15(2) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
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(c) the person who is subject to the order is granted an exemption order under subsection 490.04(5) of the Criminal Code or on an appeal from a decision made under that subsection.
(3) Paragraph 15(3)(c) of the Act is replaced by the following:
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(c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2), 490.02905(2), 490.029111(2) or 490.04(5) of the Criminal Code or subsection 227.1(4) of the National Defence Act or on an appeal from a decision made under that subsection.
44 (1) Paragraph 16(2)(b) of the Act is replaced by the following:
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(b) a member or employee of, or a person retained by, a police service in the province in which a sex offender’s main residence is located who consults the information to verify compliance by the sex offender 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;
(2) Paragraph 16(4)(c) of the Act is amended by adding the following after subparagraph (i):
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(i.1) to enable them to verify the sex offender’s compliance with section 5,
(3) Paragraph 16(4)(c) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after that subparagraph:
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(iv) to enable them to obtain a warrant under subsection 490.03121(1) of the Criminal Code and execute the warrant;
(4) Subsection 16(4) of the Act is amended by adding the following after paragraph (f):
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(f.1) unless the disclosure is to a prosecutor, judge or justice in a proceeding relating to an application for a warrant referred to in subparagraph (c)(iv), and the information is relevant to the application;
2004, c. 21
International Transfer of Offenders Act
45 Section 36.1 of the International Transfer of Offenders Act is replaced by the following:
Obligation
36.1 If the criminal offence identified under section 15 or 36.3 is an offence referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code, the person is required to comply with the Sex Offender Information Registration Act.
46 (1) Paragraphs 36.2(2)(a) and (b) of the Act are replaced by the following:
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(a) subject to subsections (3) and (4), ends 10 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is two or five years;
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(b) subject to subsections (3) and (4), ends 20 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is 10 or 14 years; and
(2) Subsections 36.2(3) to (6) of the Act are replaced by the following:
Duration — if more than one offence
(3) The obligation applies for life if the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence in respect of which the equivalent criminal offence is an offence referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code.
Duration — if previous obligation
(4) The obligation applies for life if the person, before or after the coming into force of paragraphs (a) and (b),
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(a) was previously convicted of a primary offence, as defined in subsection 490.011(1) of the Criminal Code, or previously convicted under section 130 of the National Defence Act in respect of such a primary offence; or
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(b) is or was subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
47 (1) The paragraph of Form 1 of the schedule to the Act that begins with “And because you” and ends with “490.011(1) of the Criminal Code” is replaced by the following:
And because you were convicted of or found not criminally responsible on account of mental disorder for (description, date and location of offence(s)) that the Minister has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code;
(2) Section 2 of Form 1 of the schedule to the Act is replaced by the following:
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that 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 36.2(2)(c) or subsection 36.2(3) or (4) of the International Transfer of Offenders Act applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) that the Minister has identified as being equivalent to (description of offence(s)) under (applicable offence provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code).
(3) Form 1 of the schedule to the Act is amended by adding the following after item 5:
5.1 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 the decision of that court.
5.2 You have the right to apply to a court to vary the duration of the obligation to comply with the Sex Offender Information Registration Act if the obligation applies for life because you were convicted or given a verdict of not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court.
Coordinating Amendments
2015, c. 23
48 (1) In this section, other Act means chapter 23 of the Statutes of Canada, 2015.
(2) On the first day on which both section 29 of the other Act and section 6 of this Act are in force, paragraph (a) of the definition sexual offence against a child in subsection 2(1) of the Act enacted by that section 29 is replaced by the following:
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(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 a secondary offence, as defined in that subsection, for which the prosecutor has not, for the purposes of subsection 490.012(5) of that Act, established beyond a reasonable doubt that the offender committed the offence with the intent to commit a primary offence, as defined in that subsection 490.011(1); or
(3) If section 30 of the other Act comes into force before section 29 of this Act, then that section 29 is deemed never to have come into force and is repealed.
(4) If section 29 of this Act comes into force before section 30 of the other Act, then that section 30 is repealed.
(5) If section 30 of the other Act comes into force on the same day as section 29 of this Act, then that section 29 is deemed never to have come into force and is repealed.
(6) If section 31 of the other Act comes into force before section 30 of this Act, then that section 30 is deemed never to have come into force and is repealed.
(7) If section 30 of this Act comes into force before section 31 of the other Act, then that section 31 is repealed.
(8) If section 31 of the other Act comes into force on the same day as section 30 of this Act, then that section 30 is deemed never to have come into force and is repealed.
Bill C-291
48.1 (1) Subsections (2) to (4) apply if Bill C- 291, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material) (in this section referred to as the “other Act”), receives royal assent.
(2) If section 8 of the other Act comes into force before subsection 6(2) of this Act, then subparagraph (a)(xi) of the definition primary offence in subsection 490.011(1) of the Criminal Code is replaced by the following:
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(xi) section 163.1 (child sexual abuse and exploitation material),
(3) If subsection 6(2) of this Act comes into force before section 8 of the other Act, then that section 8 is replaced by the following:
8 Subparagraph (a)(xi) of the definition primary offence in subsection 490.011(1) of the Act is replaced by the following:
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(xi) section 163.1 (child sexual abuse and exploitation material),
(4) If section 8 of the other Act comes into force on the same day as subsection 6(2) of this Act, then that section 8 is deemed to have come into force before that subsection 6(2) and subsection (2) applies as a consequence.
Coming into Force
Order in council
49 Section 35 comes into force on a day to be fixed by order of the Governor in Council.
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Published under authority of the Senate of Canada
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