First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
SENATE OF CANADA |
An Act to amend the Criminal Code and the Sex Offender Information Registration Act
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FIRST READING, June 6, 2023
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THE HONOURABLE SENATOR BOISVENU |
This enactment amends the Criminal Code to allow a court to order that a sex offender who is likely to reoffend must comply with the reporting requirements under the Sex Offender Information Registration Act for 30 years. It also provides that a sex offender must complete a sexual behaviour treatment program before applying for termination of the order.
The enactment also amends the Sex Offender Information Registration Act to increase the frequency with which a sex offender must report to a registration centre and to require an offender to report to a registration centre before moving to a new address. Finally, the enactment makes it an offence to fail to report to a registration centre as required.
Available on the Senate of Canada website at the following address: www.sencanada.ca/en |
1st Session, 44th Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
SENATE OF CANADA |
BILL S-266 |
An Act to amend the Criminal Code and the Sex Offender Information Registration Act |
Whereas Parliament first recognized, in 2004, the importance of creating and maintaining a national database of information relating to convicted sex offenders in Canada and has made improvements to the database in the succeeding years;
Whereas the objective of the Sex Offender Information Registration Act, under which the national database was created, is to assist police services to investigate crimes of a sexual nature by providing them with access to current and reliable information relating to sex offenders;
Whereas the ongoing collection and registration of accurate information relating to an offender’s location is consistent with the principle that rapid access by police services to that information is in the interest of protecting society;
Whereas a deliberate failure to comply with residency reporting requirements is a serious public safety issue that merits prosecution;
Whereas registered sex offenders who are likely to reoffend pose an increased risk to public safety;
And whereas Parliament therefore considers that it is appropriate to allow for courts, in certain circumstances, to extend the period during which certain sex offenders must comply with the reporting obligations under the Sex Offender Information Registration Act;
Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 This Act may be cited as the Strengthening Reporting Requirements for Sex Offenders Act (Noah’s Law).
R.S., c. C-46
(d) if 20 years have elapsed since the order was made and the person has completed a sexual behaviour treatment program approved by the province under the supervision of the court, in the case of an order referred to in subsection 490.013(4.1).
End of inserted block2004, c. 10
(c) at any time between Insertion start six Insertion end months and Insertion start seven months Insertion end after they last reported to a registration centre under this Act.
(c.1) if they intend to change their main residence, the address at which they intend to establish their new main residence, or, if there is no such address, the location of that place, and the date on which it will become their main residence;
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Published under authority of the Senate of Canada
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490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.
(2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition designated offence in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition.
490.014 The prosecutor, or a person who is subject to an order under subsection 490.012(2), may appeal from a decision of the court under that subsection on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that subsection.
490.015 (1) A person who is subject to an order may apply for a termination order
. . .
(b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(b); or
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(2.1), (3) or (5).
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.
4.1 (1) A sex offender shall subsequently report to the registration centre referred to in section 7.1,
. . .
(c) at any time between 11 months and one year after they last reported to a registration centre under this Act.
5 (1) When a sex offender reports to a registration centre, they shall provide the following information to a person who collects information at the registration centre: