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Marginal note:Registration of information — obligations

• 8.1 (1) When the Attorney General of a province, or the minister of justice of a territory, receives a copy of an affidavit and a notice sent in accordance with subsection 490.021(6) or 490.02903(3) of the Criminal Code — or receives a copy of the Form 1 delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act — a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database only the following information, as applicable, relating to the person named in the notice or Form 1, as the case may be:

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  • (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

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  • (f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

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  • (i) in the case of a person referred to in paragraph 490.02(1)(b) of the Criminal Code, the date, if any, on which the person last reported under the Ontario Act and the duration of their obligation to comply with section 3 of that Act.

• Marginal note:Registration of information — termination orders

  (2) When the Attorney General of a province, or the minister of justice of a territory, receives a notice referred to in subsection 490.016(3), 490.017(2), 490.027(3), 490.029(2), 490.02909(3), 490.0291(2), 490.02913(3) or 490.02914(2) of the Criminal Code, a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database the fact that a termination order was made.

• Marginal note:Registration of information — 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.

• Marginal note: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.

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• (6) A person who registers information under this section shall

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  • (b) once the information is registered, on request, send the sex offender or the person served with a notice under section 490.021 of the Criminal Code a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay.

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Marginal note:Registration of information

8 When a police service or the Commissioner of the Royal Canadian Mounted Police receives a copy of an order sent in accordance with paragraph 490.018(1)(d) of the Criminal Code, either a person who registers information for the police service or one who registers it for the Commissioner shall

• (a) register without delay in the database only the name of the police service and the following information relating to the person who is subject to the order:

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  • (ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists,

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  • (v) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,

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Marginal note:Obligation to provide information

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• Marginal note:Additional information

  (2) When a sex offender reports to a registration centre, the person who collects the information from them may ask them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

• Marginal note:Additional information

  (3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any observable characteristic that may assist in identification of the sex offender, including their eye colour and hair colour, and may require that their photograph be taken.

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Marginal note:Definitions

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

  finding of not criminally responsible on account of mental disorder

  finding of not criminally responsible on account of mental disorder  means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be. (verdict de non-responsabilité)

  information

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

  Ontario Act

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

  order

  order  means an order under section 490.012 of the Criminal Code or section 227.01 of the National Defence Act. (ordonnance)

  sex offender

  sex offender  means a person who is subject to an order or to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act. (délinquant sexuel)

  sexual offence against a child

  sexual offence against a child  means

  • (a) a designated offence as defined in subsection 490.011(1) of the Criminal Code that is committed against a person who is under 18 years of age and as a result of which the offender is required to comply with this Act; or

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Marginal note:Registration of information — Canadian Forces

• 8.2 (1) When the Canadian Forces Provost Marshal receives a copy of an order sent in accordance with subparagraph 227.05(1)(d)(iii) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who is subject to the order:

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  • (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

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  • (e) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

• (2) When the Canadian Forces Provost Marshal receives a copy of an affidavit of service and a notice sent in accordance with subsection 227.08(4) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who was served with the notice:

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  • (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

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  • (f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

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