Sex Offender Information Registration Act (S.C. 2004, c. 10)

Act current to 2019-06-20 and last amended on 2018-06-21. Previous Versions

Responsibilities of Persons Who Collect and Register Information (continued)

Marginal note:Information to be given to sex offender

  •  (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

 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, the date on which the sex offender reported or provided notification to the registration centre and the province of registration;

  • (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.

  • 2004, c. 10, s. 10
  • 2007, c. 5, s. 42

Marginal note:Copy of information

 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 other than in person;

  • (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.

  • 2004, c. 10, s. 11
  • 2007, c. 5, s. 43

Marginal note:Request for correction of information

  •  (1) Subject to subsection (2), a sex offender or a person served with a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act may, at any time, ask a person who collects information at the registration centre referred to in section 7.1 to correct any information relating to them that is registered in the database and that they believe contains an error or omission.

  • Marginal note:Request for correction of information

    (2) The request shall be made to the Canadian Forces Provost Marshal if the information is registered in the database under section 8.2.

  • Marginal note:Correction or notation

    (3) The person to whom the request is made 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.

  • 2004, c. 10, s. 12
  • 2007, c. 5, s. 44
  • 2013, c. 24, s. 130(F)

Management of Information

Marginal note:Authorization for research

  •  (1) The Commissioner of the Royal Canadian Mounted Police may authorize a person to consult information that is registered in the database, compare the information with other information or, by electronic means, combine the information with, or link it to, any other information contained in a computer system within the meaning of subsection 342.1(2) of the Criminal Code, for research or statistical purposes.

  • Marginal note:Conditions

    (2) The Commissioner shall not provide the authorization unless the Commissioner

    • (a) is satisfied that those purposes cannot reasonably be accomplished without consulting the information or without comparing or combining the information with, or linking it to, the other information, as the case may be; and

    • (b) obtains from the person a written undertaking that no subsequent disclosure of the information or of any information resulting from the comparison or combination of the information with, or the linking of the information to, other 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.

  • 2004, c. 10, s. 13
  • 2007, c. 5, s. 45

Marginal note:Administration of database

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

  • 2004, c. 10, s. 14
  • 2010, c. 17, s. 41(E)

Marginal note:Retention of information

  •  (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, all information that is collected under this Act, or registered in the database, in connection with an order shall be destroyed and permanently removed from the database if

    • (a) the person who is subject to the 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 under section 748 of the Criminal Code for every such offence or is the subject of an expungement order under the Expungement of Historically Unjust Convictions Act for every such offence; or

    • (b) the sentence for every offence in connection with which the order was made ceases to have force and effect under subsection 249.11(2) of the National Defence Act.

  • 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 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act shall be destroyed and permanently removed from the database if

    • (a) the person who is subject to the obligation is finally acquitted of every offence to which it relates or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for every such offence or is the subject of an expungement order under the Expungement of Historically Unjust Convictions Act for every such offence;

    • (b) the sentence for every offence to which the obligation relates ceases to have force and effect under subsection 249.11(2) of the National Defence Act; or

    • (c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2) or 490.02905(2) of the Criminal Code or subsection 227.1(4) of the National Defence Act or on an appeal from a decision made under that subsection.

  • 2004, c. 10, s. 15
  • 2007, c. 5, s. 46
  • 2010, c. 17, s. 42
  • 2018, c. 11, s. 30
 
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