Strengthening Canada’s Immigration System and Borders Act (S.C. 2026, c. 4)
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Assented to 2026-03-26
PART 112004, c. 10Sex Offender Information Registration Act (continued)
Amendments to the Act (continued)
131 Subsection 5(3) of the Act is replaced by the following:
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 physical characteristic that may assist in the sex offender’s identification, including their eye colour, hair colour and any tattoos and distinguishing marks, and may require that the sex offender’s photograph be taken.
132 Section 6 of the Act is amended by adding the following after subsection (1.02):
Marginal note:For greater certainty
(1.03) For greater certainty, the death of a family member of the sex offender, a critical illness affecting a family member of the sex offender or another family emergency may constitute a reasonable excuse, having regard to the circumstances.
133 The Act is amended by adding the following after section 15.2:
Marginal note:Canada Border Services Agency — disclosure of information
15.3 The Canada Border Services Agency may disclose the following information in respect of a sex offender to a member or employee of, or a person retained by, a law enforcement agency for the purpose of the administration or enforcement of this Act:
(a) the surname, first name and middle names, any alias, the date of birth, the citizenship or nationality and the sex of the sex offender;
(b) the type and number of each travel document that identifies the sex offender and the name of the country or organization that issued it;
(c) the date, time and place of the sex offender’s departure from Canada, their country of destination, the date, time and place of their arrival in Canada and the last country from which they arrived; and
(d) in the case of an arrival in or departure from Canada by aircraft, the flight code that identifies the air carrier, as defined in subsection 3(1) of the Aeronautics Act, and the flight number.
134 (1) Paragraph 16(2)(b.1) of the Act is replaced by the following:
(b.1) a member or employee of, or a person retained by, a police service who consults information at a registration centre designated under the National Defence Act to verify compliance by a sex offender who is subject to the Code of Service Discipline — or who is an officer, or non-commissioned member, of the primary reserve as defined in section 227 of the National Defence Act — 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;
(2) Subsection 16(2) of the Act is amended by adding the following after paragraph (c):
(c.1) a member or employee of, or a person retained by, the Canada Border Services Agency who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament;
(3) The portion of paragraph 16(4)(c) of the Act before subparagraph (i) is replaced by the following:
(c) unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency and there are reasonable grounds to believe that the disclosure will
(4) Subparagraphs 16(4)(c)(i) to (iv) of the English version of the Act are replaced by the following:
(i) assist them in the investigation of an offence under section 17 or in the laying of a charge for such an offence,
(i.1) assist them in the verification of the sex offender’s compliance with section 5,
(ii) assist them in the prevention or investigation of a crime of a sexual nature, an offence under section 119.1 of the National Defence Act, an offence under section 490.031 or 490.0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or assist them in the laying of a charge for such an offence,
(iii) assist them in the investigation of a criminal offence or a service offence, as defined in subsection 2(1) of the National Defence Act or in the laying of a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii), or
(iv) assist them in obtaining a warrant under subsection 490.03121(1) of the Criminal Code and executing the warrant;
(5) Subsection 16(4) of the Act is amended by adding the following after paragraph (c):
(c.1) unless the disclosure is made to a victim of or witness to a crime of a sexual nature by a member or employee of, or a person retained by, a law enforcement agency who received the information under paragraph (c) and there are reasonable grounds to believe that the disclosure will assist in the investigation of the crime;
(c.2) unless the disclosure is to a department or agency of the Government of Canada or of a provincial, territorial or municipal government in Canada or to an Indigenous governing body and there are reasonable grounds to believe that the disclosure will assist in the prevention or investigation of a crime of a sexual nature;
(6) Paragraphs 16(4)(j.1) and (j.2) of the Act are replaced by the following:
(j.1) unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency outside Canada and there are reasonable grounds to believe the disclosure will assist them in the prevention or investigation of a crime of a sexual nature;
(j.2) unless the disclosure is to the Canada Border Services Agency, it is limited to the information referred to in paragraphs 5(1)(a), (b), (i) and (j) and there are reasonable grounds to believe that it will assist a member or employee of, or a person retained by, a law enforcement agency in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence;
135 Section 17 of the Act is replaced by the following:
Marginal note:Offence
17 (1) Every person who knowingly contravenes any of subsections 16(1) to (5) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:For greater certainty
(2) For greater certainty, a person is not guilty of an offence under subsection (1) if they believed that they were acting in accordance with section 16.
136 The English version of the Act is amended by replacing “gender” with “sex” in the following provisions:
(a) paragraph 5(1)(b);
(b) subparagraph 8(a)(vi);
(c) paragraph 8.1(1)(g); and
(d) paragraphs 8.2(1)(f) and (2)(g).
R.S., c. 1 (2nd Supp.)Related Amendment to the Customs Act
137 Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (l.3):
(l.4) any person who may receive information under section 15.2 or 15.3 of the Sex Offender Information Registration Act, solely for the purpose for which the information is provided;
PART 12Review
Marginal note:Review by committee
138 (1) At the start of the fifth year after the day on which this Act receives royal assent, a comprehensive review of the operation and effect of the amendments made by this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.
Marginal note:Report to Parliament
(2) The committee must, within one year after the review is undertaken, submit to the House or Houses of Parliament of which it is a committee a report that includes a statement setting out any changes to the Acts amended by this Act that the committee recommends.
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