Marginal note:Notice about absence

• 6. (1) A sex offender shall notify a person who collects information at the registration centre that serves the area in which their main residence is located

  • (a) of every address or location at which they stay or intend to stay, and of their actual or estimated dates of departure from, and return to, their main residence or a secondary residence, not later than 15 days after departure if they are in Canada but are absent from their main residence and every secondary residence for a period of at least 15 consecutive days;

  • (b) of their actual or estimated date of departure from their main residence or a secondary residence, not later than 15 days after departure if they are outside Canada for a period of at least 15 consecutive days; and

  • (c) of their actual return to their main residence or a secondary residence after a departure referred to in paragraph (a) or (b), not later than 15 days after they return, unless they are required to report under section 4.1 or 4.3 within that period.

• Marginal note:Means of notification

  (2) Notification shall be by registered mail or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1), but a sex offender may not be required to provide notification in person.

Marginal note:Young sex offender

7. A sex offender who is under 18 years of age has the right to have an appropriate adult chosen by them in attendance when they report to a registration centre and when information is collected.

RESPONSIBILITIES OF PERSONS WHO COLLECT AND REGISTER INFORMATION

Marginal note:Registration of information

• 8. (1) When a police service receives a copy of an order sent in accordance with subparagraph 490.018(1)(d)(iii) of the Criminal Code, a person who registers information for the police service 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:

    • (i) their given name and surname,

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

    • (iii) every offence to which the order relates,

    • (iv) when and where the offence or offences were committed,

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

    • (vi) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person,

    • (vii) the date and duration of the order, and

    • (viii) the court that made the order; and

  • (b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.

• Marginal note:Registration of information

  (2) When the Attorney General of a province or minister of justice of a territory receives a copy of an affidavit of service and notice sent in accordance with subsection 490.021(6) of the Criminal Code, the Attorney General or minister of justice shall

  • (a) register without delay in the database only the following information relating to the person who was served with the notice:

    • (i) their given name and surname,

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

    • (iii) the date on which the notice was served,

    • (iv) every offence referred to in the notice,

    • (v) when and where the offence or offences were committed,

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

    • (vii) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person,

    • (viii) the expected duration of the person’s obligation under section 490.019 of the Criminal Code, and

    • (ix) 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;

  • (b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and

  • (c) send the person 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.

Marginal note:Information to be given to sex offender

• 9. (1) When a sex offender reports to a registration centre and provides satisfactory proof of their identity to a person who collects information, that person shall immediately inform them of

  • (a) the nature of their obligations under sections 4 to 6 and of the information that may be collected under sections 5 and 6; and

  • (b) the purpose for which the information is being collected.

• Marginal note:Fingerprints

  (2) If a person who collects information has reasonable grounds to suspect that a person who is reporting to the registration centre as a sex offender under this Act is not the sex offender and no other proof of identity is satisfactory in the circumstances, they may take fingerprints from the person in order to confirm their identity.

• Marginal note:Destruction of fingerprints

  (3) Despite any other Act of Parliament, if the fingerprints provided under subsection (2) confirm that the person who is reporting is the sex offender, they shall not be disclosed, or used for any other purpose, and shall be destroyed without delay.

• Marginal note:Privacy and confidentiality

  (4) The person who collects information shall ensure that

  • (a) the sex offender’s privacy is respected in a manner that is reasonable in the circumstances; and

  • (b) the information is provided and collected in a manner and in circumstances that ensure its confidentiality.

Marginal note:Registration of information

10. A person who registers information collected at a registration centre

• (a) shall, subject to paragraph (b) and any regulations made under paragraph 19(3)(c), register without delay, in the database, only the information collected under sections 5 and 6;

• (b) may register at any time, in the database, the number that identifies a record of fingerprints collected from a sex offender under the Identification of Criminals Act, if such a record exists; and

• (c) shall ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.

Marginal note:Copy of information

11. A person who collects information at a registration centre shall, free of charge,

• (a) either give a copy of the information collected under section 5, dated and signed by the person who collected it, to the sex offender when they report to the registration centre in person and provide information under this Act, or send it to the sex offender by mail or another means agreed to by the sex offender, without delay after it is collected, if they report in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1);

• (b) send the sex offender a copy of the information collected under section 6, dated and signed by the person who collected it, by mail or another means agreed to by the sex offender, without delay after it is collected;

• (c) send the sex offender a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (a) is registered; and

• (d) at the request of the sex offender, send them a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (b) is registered.

Marginal note:Request for correction of information

• 12. (1) A sex offender or a person served with a notice under section 490.021 of the Criminal Code may, at any time, ask a person who collects information at the registration centre that serves the area in which their main residence is located to correct any information relating to them that is registered in the database that they believe contains an error or omission.

• Marginal note:Correction or notation

  (2) The person who collects information shall, without delay, ensure that

  • (a) information in the database is corrected if they are satisfied that the information contains an error or omission; or

  • (b) a notation is attached to the information in the database that reflects any correction that is requested but not made.

MANAGEMENT OF INFORMATION

Marginal note:Authorization for research

13. The Commissioner of the Royal Canadian Mounted Police may authorize a person to consult information that is registered in the database for research or statistical purposes if the Commissioner

• (a) is satisfied that those purposes cannot reasonably be accomplished without consulting that information; and

• (b) obtains from the person a written undertaking that no subsequent disclosure of that information will be made, or be allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.

Marginal note:Maintenance of database

14. The database is to be maintained by the Royal Canadian Mounted Police.

Marginal note: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 indefinitely.

• Marginal note:Permanent removal and destruction of information

  (2) Despite any other Act of Parliament, if a person who is subject to an order is finally acquitted of every offence in connection with which the order was made, or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or section 748 of the Criminal Code for every such offence, all information that is collected under this Act or registered in the database in connection with that order shall be destroyed, or permanently removed from the database, in accordance with regulations made under paragraph 19(3)(d).

• Marginal note:Permanent removal and destruction of information

  (3) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an obligation under section 490.019 of the Criminal Code shall be destroyed, or permanently removed from the database, in accordance with regulations made under paragraph 19(3)(d) and with any court order made under subsection 490.023(4) or 490.024(2) of that Act, if the person who is subject to the obligation

  • (a) is finally acquitted of every offence to which the obligation relates or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or section 748 of that Act for every such offence; or

  • (b) is granted an exemption order under subsection 490.023(2) of that Act or on an appeal from a decision made under that subsection.