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Protecting Victims From Sex Offenders Act (S.C. 2010, c. 17)

Assented to 2010-12-15

  • 4. (1) Paragraph (a) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (vi):

    • (vi.1) subsection 160(2) (compelling the commission of bestiality),

  • (2) Subparagraph (b)(i) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

    • (i) section 162 (voyeurism),

    • (i.1) subsection 173(1) (indecent acts),

  • (3) Paragraph (b) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (iii):

    • (iii.1) section 231 (murder),

5. Section 490.012 of the Act is replaced by the following:

Marginal note:Order

  • 490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

  • Marginal note:Order — if intent established

    (2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of that definition.

  • Marginal note:Order — if previous offence established

    (3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes that

    • (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

    • (b) the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the National Defence Act in connection with that offence; and

    • (c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with that offence.

  • Marginal note:Failure to make order

    (4) If the court does not consider the matter under subsection (1) or (3) at that time, the court

    • (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;

    • (b) retains jurisdiction over the matter; and

    • (c) may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.