Tougher Penalties for Child Predators Act (S.C. 2015, c. 23)
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Assented to 2015-06-18
Tougher Penalties for Child Predators Act
S.C. 2015, c. 23
Assented to 2015-06-18
An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts
SUMMARY
This enactment amends the Criminal Code to
(a) increase mandatory minimum penalties and maximum penalties for certain sexual offences against children;
(b) increase maximum penalties for violations of prohibition orders, probation orders and peace bonds;
(c) clarify and codify the rules regarding the imposition of consecutive and concurrent sentences;
(d) require courts to impose, in certain cases, consecutive sentences on offenders who commit sexual offences against children; and
(e) ensure that a court that imposes a sentence must take into consideration evidence that the offence in question was committed while the offender was subject to a conditional sentence order or released on parole, statutory release or unescorted temporary absence.
It amends the Canada Evidence Act to ensure that spouses of the accused are competent and compellable witnesses for the prosecution in child pornography cases.
It also amends the Sex Offender Information Registration Act to increase the reporting obligations of sex offenders who travel outside Canada.
It enacts the High Risk Child Sex Offender Database Act to establish a publicly accessible database that contains information — that a police service or other public authority has previously made accessible to the public — with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.
Finally, it makes consequential amendments to other Acts.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Tougher Penalties for Child Predators Act.
R.S., c. C-46CRIMINAL CODE
Marginal note:2012, c. 1, s. 11
2. Paragraphs 151(a) and (b) of the Criminal Code are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
Marginal note:2012, c. 1, s. 12
3. Paragraphs 152(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
Marginal note:2012, c. 1, s. 13
4. Paragraphs 153(1.1)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
Marginal note:2012, c. 1, s. 15
5. Paragraph 160(3)(a) of the Act is replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
Marginal note:1993, c. 45, s. 1
6. Paragraphs 161(4)(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
Marginal note:1993, c. 46, s. 2; 2005, c. 32, s. 7(2) and (3); 2012, c. 1, s. 17(1) and (2)
7. (1) Subsections 163.1(2) and (3) of the Act are replaced by the following:
Marginal note:Making child pornography
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
Marginal note:Distribution, etc. of child pornography
(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
Marginal note:2012, c. 1, s. 17(3)
(2) Paragraphs 163.1(4)(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
Marginal note:2012, c. 1, s. 17(4)
(3) Paragraphs 163.1(4.1)(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
Marginal note:2005, c. 32, s. 9.1; 2012, c. 1, s. 19
8. Section 170 of the Act is replaced by the following:
Marginal note:Parent or guardian procuring sexual activity
170. Every parent or guardian of a person under the age of 18 years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
Marginal note:2005, c. 32, s. 9.1; 2008, c. 6, par. 54(g); 2012, c. 1, s. 20
9. Section 171 of the Act is replaced by the following:
Marginal note:Householder permitting prohibited sexual activity
171. Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of 18 years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
Marginal note:2012, c. 1, s. 21
10. Paragraphs 171.1(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of six months; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
Marginal note:2012, c. 1, s. 22(2)
11. Paragraphs 172.1(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
Marginal note:2012, c. 1, s. 23
12. Paragraphs 172.2(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
Marginal note:2005, c. 32, s. 10.1(2)
13. Subsection 212(4) of the Act is replaced by the following:
Marginal note:Offence — prostitution of person under 18
(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a) in the case of a first offence, six months; and
(b) in the case of a second or subsequent offence, one year.
Marginal note:Sequence of convictions only
(5) For the purposes of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
Marginal note:2012, c. 1, s. 25
14. Paragraphs 271(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
Marginal note:2012, c. 1, s. 26
15. Paragraph 272(2)(a.2) of the Act is replaced by the following:
(a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and
16. Paragraph 718.2(a) of the Act is amended by striking out “or” at the end of subparagraph (iv), by adding “or” at the end of subparagraph (v) and by adding the following after subparagraph (v):
(vi) evidence that the offence was committed while the offender was subject to a conditional sentence order made under section 742.1 or released on parole, statutory release or unescorted temporary absence under the Corrections and Conditional Release Act
Marginal note:2002, c. 1, s. 182
17. Subsection 718.3(4) of the Act is replaced by the following:
Marginal note:Cumulative punishments
(4) The court that sentences an accused shall consider directing
(a) that the term of imprisonment that it imposes be served consecutively to a sentence of imprisonment to which the accused is subject at the time of sentencing; and
(b) that the terms of imprisonment that it imposes at the same time for more than one offence be served consecutively, including when
(i) the offences do not arise out of the same event or series of events,
(ii) one of the offences was committed while the accused was on judicial interim release, including pending the determination of an appeal, or
(iii) one of the offences was committed while the accused was fleeing from a peace officer.
Marginal note:Cumulative punishments — fines
(5) For the purposes of subsection (4), a term of imprisonment includes imprisonment that results from the operation of subsection 734(4).
Marginal note:Cumulative punishments — youth
(6) For the purposes of subsection (4), a sentence of imprisonment includes
(a) a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985;
(b) a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act; and
(c) a sentence that results from the operation of subsection 743.5(1) or (2).
Marginal note:Cumulative punishments — sexual offences against children
(7) When a court sentences an accused at the same time for more than one sexual offence committed against a child, the court shall direct
(a) that a sentence of imprisonment it imposes for an offence under section 163.1 be served consecutively to a sentence of imprisonment it imposes for a sexual offence under another section of this Act committed against a child; and
(b) that a sentence of imprisonment it imposes for a sexual offence committed against a child, other than an offence under section 163.1, be served consecutively to a sentence of imprisonment it imposes for a sexual offence committed against another child other than an offence under section 163.1.
Marginal note:1995, c. 22, s. 6
18. Paragraphs 733.1(1)(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months, or to a fine of not more than $5000, or to both.
Marginal note:1994, c. 44, s. 82
19. Paragraphs 811(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
R.S., c. C-5CANADA EVIDENCE ACT
Marginal note:2002, c. 1, s. 166
20. Subsection 4(2) of the Canada Evidence Act is amended by replacing “170” with “163.1, 170”.
2004, c. 10SEX OFFENDER INFORMATION REGISTRATION ACT
21. Subsection 3(1) of the Sex Offender Information Registration Act is amended by adding the following in alphabetical order:
“sexual offence against a child”
« infraction sexuelle visant un enfant »
“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
(b) an offence that is committed outside Canada 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.
22. Subsection 4.1(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) within seven days after they receive a driver’s licence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it;
(b.2) within seven days after they receive a passport or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it; and
23. Subsection 5(1) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):
(i) the licence number and the name of the issuing jurisdiction of every driver’s licence that they hold; and
(j) the passport number and the name of the issuing jurisdiction of every passport that they hold.
Marginal note:2010, c. 17, s. 36
24. (1) The portion of subsection 6(1) of the Act before paragraph (c) is replaced by the following:
Marginal note:Notification of absence
6. (1) Subject to subsection (1.1), a sex offender other than one who is referred to in subsection (1.01) shall notify a person who collects information at the registration centre referred to in section 7.1
(a) before the sex offender’s departure — of the dates of their departure and return and of every address or 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;
(b) within seven days after their departure — of the date of their return and of every address or 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) Section 6 of the Act is amended by adding the following after subsection (1):
Marginal note:Sex offender convicted of sex offence against child
(1.01) Subject to subsection (1.1), a sex offender who is convicted of a sexual offence against a child shall notify a person who collects information at the registration centre referred to in section 7.1
(a) before the sex offender’s departure — of the 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) before their departure, of the dates of their departure and return and of every address or location at which they expect to stay outside Canada;
(c) within seven days after their departure — of the date of their return and of every address or 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);
(d) without delay, after their departure — of the date of their return and of every address or 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
(e) of a change in address, location or date, before their departure or
(i) if the change is made after their departure and they are staying in Canada, within seven days after the date on which the change is made, or
(ii) if the change is made after their departure and they are staying outside Canada, without delay after the date on which the change is made.
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