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

Assented to 2010-12-15

R.S., c. C-46CRIMINAL CODE

2004, c. 10SEX OFFENDER INFORMATION REGISTRATION ACT

  • 28. (1) Subsection 2(1) of the Sex Offender Information Registration Act is replaced by the following:

    Marginal note:Purpose

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

  • (2) Paragraph 2(2)(a) of the Act is replaced by the following:

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

  • (3) Subparagraph 2(2)(c)(i) of the Act is replaced by the following:

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

29. The definition “sex offender” in subsection 3(1) of the Act is replaced by the following:

“sex offender”

« délinquant sexuel »

“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.

  • 30. (1) The portion of subsection 4(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:First obligation to report

    • 4. (1) A person who is subject to an order shall report to a registration centre referred to in section 7.1 within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after

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

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

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

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

  • (2) The portion of subsection 4(2) of the Act before subparagraph (b)(i) is replaced by the following:

    • Marginal note:First obligation to report

      (2) A person who is subject to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act shall report to a registration centre referred to in section 7.1

      • (a) if they are not in custody on the day on which they become subject to the obligation, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after that day; and

      • (b) in any other case, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after

31. Paragraphs 4.1(1)(a) and (b) of the Act are replaced by the following:

  • (a) within seven days after they change their main residence or any secondary residence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change;

  • (b) within seven days after they change their given name or surname or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change; and

32. Section 4.2 of the Act is replaced by the following:

Marginal note:More than one order or obligation

4.2 A person shall report on the reporting dates established under only the most recent order or obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

33. Subsection 4.3(1) of the Act is replaced by the following:

Marginal note:Temporarily outside Canada

  • 4.3 (1) A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than seven days after they return to Canada.

  • 34. (1) Paragraph 5(1)(d) of the Act is replaced by the following:

    • (d) the address of every place at which they are employed or retained or are engaged on a volunteer basis — or, if there is no address, the location of that place — the name of their employer or the person who engages them on a volunteer basis or retains them and the type of work that they do there;

  • (2) Subsection 5(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and’’ at the end of paragraph (g) and by adding the following after paragraph (g):

    • (h) the licence plate number, make, model, body type, year of manufacture and colour of the motor vehicles that are registered in their name or that they use regularly.

  • (3) Subsection 5(2) of the Act is replaced by the following:

    • 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.

35. The Act is amended by adding the following after section 5:

Marginal note:Notification of change of information — paragraph 5(1)(d)

5.1 A sex offender shall, within seven days after the date of the change, notify a person who collects information at the registration centre referred to in section 7.1 of any change in the information that they have provided under paragraph 5(1)(d).

36. Subsection 6(1) of the Act is replaced by the following:

Marginal note:Notification of absence

  • 6. (1) Subject to subsection (1.1), a sex offender shall notify a person who collects information at the registration centre referred to in section 7.1

    • (a) before their departure — of the estimated dates of their departure and return and of every address or 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;

    • (b) within seven days after the date of their departure — of the estimated date of their return and, if the sex offender is in Canada, of their address or location — 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

    • (c) before departure or, if it is later, within seven days after the day on which the change is made — of a change in address, location or date.

  • Marginal note:Canadian Forces

    (1.1) A sex offender who is required to notify a person who collects information at a registration centre designated under the National Defence Act and who requests the Chief of the Defence Staff to make a determination under section 227.16 of that Act shall provide the information relating to the operation within seven days after the date of their departure unless the determination is made during that period.

37. Section 7.1 of the Act is replaced by the following:

Marginal note:Registration centre

7.1 For the purposes of sections 4, 4.1, 4.3, 5.1 and 6, the registration centre is one that is designated under paragraph 18(1)(d) or subsection 19(1) that serves the area of the province in which the sex offender’s main residence is located, unless a registration centre designated under paragraph 227.2(e) of the National Defence Act serves a class of persons of which the sex offender is a member or the area in which the unit of the Canadian Forces in which the sex offender is serving is located.

  • 38. (1) The portion of section 8 of the Act before paragraph (a) is replaced by the following:

    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

  • (2) Paragraph 8(a) of the Act is amended by adding the following after subparagraph (vi):

    • (vi.1) the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information,

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