Christopher's Law (Sex Offender Registry), 2000 Tsubouchi, Hon. David H. Solicitor General — Bill 31 (37th Parliament, 1st Session)

Bill 31, 37-1

Ontario — Bills

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Bill 31, Christopher's Law (Sex Offender Registry), 2000

Tsubouchi, Hon. David H. Solicitor General

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Original

As Amended by Standing Committee

Royal Assent

[37] Bill 31 Royal Assent (PDF)

Bill 31

Bill 312000

An Act, in memory of Christopher Stephenson, to establish and

maintain a registry of sex offenders to protect children and

communities

Preamble

The people of Ontario believe that there is a need to ensure the safety

and security of all persons in Ontario and that police forces require access

to information about the whereabouts of sex offenders in order to assist them

in the important work of maintaining community safety. The people of Ontario

further believe that a registry of sex offenders will provide the information

and investigative tools that their police forces require in order to prevent

and solve crimes of a sexual nature.

Therefore, Her Majesty, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. (1)In this Act, "

ministry" means the Ministry of the Solicitor General; ("ministre") "

offender" means a person,

(a)who has been convicted of a sex offence, or

(b)who has been found not criminally responsible of a sex offence on

account of mental disorder; ("dlinquant") "

police force" means the Ontario Provincial Police or a municipal police

force; ("corps de police") "

prescribed" means prescribed by regulation made under this Act;

("prescrit") "

sex offence" means,

(a)an offence under

section 151 (sexual interference), 152 (invitation to

sexual touching), subsection 153 (1) (sexual exploitation), 155 (1) (incest),

160 (1), (2) or (3) (bestiality), 163.1 (2), (3) or (4) (child pornography),

section 170 (parent or guardian procuring sexual activity), subsection 173

(2) (exposure),

section 271 (sexual assault), subsection 272 (1) (sexual

assault with a weapon, threats to a third party or causing bodily harm) or

section 273 (aggravated sexual assault) of the Criminal Code

(Canada),

(b)an offence under a predecessor or successor to a provision set out in

clause (a), or

(c)an offence under a provision of the Criminal Code (Canada)

that is prescribed; ("infraction sexuelle") "

sex offender registry" means the registry established under

section 2.

("registre des dlinquants sexuels")

First Nations police services

(2) Where an offender resides in an area where the police services are

provided by a First Nations police service, references in this Act to a

police force shall be read as references to a First Nations police service,

with necessary modifications, and references to a police officer in this Act

shall be read as references to a First Nations Constable.

Sex offender registry

2. The ministry shall establish and maintain a registry

containing the names, dates of birth and addresses of offenders, the sex

offences for which, on or after the day

section 3 comes into force, they are

serving or have served a sentence or of which they have been convicted or

found not criminally responsible on account of mental disorder and such

additional information as may be prescribed.

Offender required to report in person

3. (1)Every offender who is resident in Ontario shall

present himself or herself at a designated bureau, police station or

detachment of the police force that provides police services where he or she

resides or at another place in the area where the police force provides

police services designated by that police force,

(a)within 15 days after he or she completes serving a sentence in respect

of a sex offence;

(b)within 15 days after he or she receives an absolute discharge in

respect of a sex offence, if he or she was found not criminally responsible

of the offence on account of mental disorder;

(c)within 15 days after he or she changes his or her address;

(d)within 15 days after he or she becomes resident in Ontario;

(e)within 15 days before he or she ceases to be resident in Ontario;

(f)on a day that is not later than one year after and not earlier than 11

months after he or she last presented himself or herself to a police force

under clause (a), (b), (

c) or (

d) or under subsection 7 (2); and

(g)on a day that is not later than one year after and not earlier than 11

months after he or she last presented himself or herself to a police force

under clause (f).

Offender to provide information

(2)Upon presenting himself or herself under subsection (1), the offender

shall provide the police force with satisfactory proof of his or her

identity, his or her name, date of birth and address, and such other

information as may be prescribed.

Designated places, times, days

(3) Every police force shall designate one or more bureaus, police

stations, detachments or other places in the area where the police force

provides police services at which offenders may present themselves for the

purposes of subsection (1), subsection 7 (2) and subsection 9 (1), and may

also designate the days and times when offenders may present themselves for

those purposes.

Re-enactment of cl. (1) (a)

(4)On a day to be named by proclamation of the Lieutenant

Governor, clause (1) (

a) is repealed and the following

substituted:

(a)within 15 days after he or she is released from custody after serving

the custodial portion of a sentence in respect of a sex offence;

(a.1)within 15 days after he or she is convicted of a sex offence, if the

offender is not given a custodial sentence.

Re-enactment of cl. (1) (b)

(5)On a day to be named by proclamation of the Lieutenant

Governor, clause (1) (

b) is repealed and the following

substituted:

(b)within 15 days after he or she receives an absolute or conditional

discharge in respect of a sex offence, if he or she was found not criminally

responsible of the offence on account of mental disorder.

Information submitted to ministry

4. The police force shall cause the information provided

by the offender under

section 3 to be recorded and, if the person authorized

by the police force to record the information is satisfied that the

information provided by the offender is correct, shall submit the information

to the ministry in a manner approved by the ministry.

Information recorded in registry

5. (1)Upon receipt by the ministry of information

submitted by a police force in accordance with

section 4, the information

shall be recorded in the sex offender registry.

Other information recorded in registry

(2)The ministry may at any time obtain information about an offender from

any other record of information available to the ministry, or from any other

source that is not a record, and may record such information in the sex

offender registry.

Offender's right to review own record

6. (1)Upon receiving a written request from an offender,

a police force shall cause to be disclosed to the offender the information

about the offender that is contained in the sex offender registry and cause

him or her to be provided with a copy of that information.

Identification required

(2)The police force shall require satisfactory proof of the identity of

the offender before a disclosure is made under subsection (1).

Offender may correct information

(3)If the offender believes any information about him or her in the sex

offender registry is incorrect, he or she shall provide the police force with

the correct information and, if the person authorized by the police force to

record this information is satisfied that the information provided by the

offender is correct, the police force shall submit the information to the

ministry in a manner approved by the ministry and the sex offender registry

shall be corrected accordingly.

Reporting period

7. (1)Subject to subsections (2), (3) and (4), an

offender shall comply with

section 3,

(a)for 10 years after he or she first reports under

section 3, if the

maximum sentence for the sex offence of which he or she was convicted or

found not criminally responsible on account of mental disorder is not more

than 10 years;

(b)for the rest of his or her life, if the maximum sentence for the sex

offence of which he or she was convicted or found not criminally responsible

on account of mental disorder is more than 10 years;

(c)for the rest of his or her life, if, on or after the day

section 3

comes into force, he or she is serving a sentence for, or is convicted or

found not criminally responsible on account of mental disorder of, more than

one sex offence.

Reporting requirement in abeyance while in custody

(2)An offender who is resident in Ontario is not required to comply with

section 3 while he or she is serving the custodial portion of a sentence for

any offence or is detained in custody in hospital as part of a disposition

under

Part XX.1 of the Criminal Code (Canada), but must present

himself or herself at a designated bureau, police station or detachment of

the police force that provides police services where he or she resides or at

another place in the area where the police force provides police services

designated by that police force and comply with subsection 3 (2),

(a)within 15 days after his or her release from custody on an offence

other than a sex offence;

(b)within 15 days after he or she receives an absolute or conditional

discharge, if he or she was found not criminally responsible of an offence

other than a sex offence on account of mental disorder.

Reporting requirement in abeyance while residing outside Ontario

(3)An offender who is not resident in Ontario is not required to comply

with

section 3 but shall comply with

section 3 or resume complying with

section 3, as the case may be, as provided in clause 3 (1) (d), upon becoming

or again becoming resident in Ontario.

Reporting requirement ceases to apply on pardon

(4)An offender is no longer required to comply with

section 3 if he or she

receives a pardon for every sex offence for which this Act would be made

applicable to him or her under

section 8 and if he or she provides proof of

the pardon or pardons under

section 9.

Application of Act

8. (1)This Act applies to every offender anywhere in

Canada who,

(a)is serving a sentence for a sex offence on the day

section 3 comes into

force;

(b)is convicted of a sex offence on or after the day

section 3 comes into

force; or

(c)is found not criminally responsible of a sex offence on account of

mental disorder on or after the day

section 3 comes into force.

Exception

(2) Except as provided in subsection (3), this Act does not apply to a

young person within the meaning of the Young Offenders Act

(Canada).

Same

(3) This Act does apply to a young person within the meaning of the

Young Offenders Act (Canada) who has been convicted of a sex offence

or found not criminally responsible of a sex offence on account of mental

disorder in ordinary court as the result of an order made under

section 16 of

the Young Offenders Act (Canada).

Proof of pardon

9. (1)An offender who receives a pardon for a sex offence

may present himself or herself at a designated bureau, police station or

detachment of the police force that provides police services where he or she

resides or at another place in the area where the police force provides

police services designated by that police force and provide the police force

with proof of the pardon.

Information submitted to ministry

(2)If the person authorized by the police force to receive the proof of

the pardon is satisfied that the pardon was granted to the offender, the

police force shall advise the ministry of the pardon.

Offender deleted from registry upon pardon for all sex offences

(3)If the offender has received a pardon for every sex offence for which

this Act is made applicable to him or her, the ministry shall delete every

Document details

Collection	Ontario — Bills
Citation	Bill 31, 37-1
Type	bill
Volume / chapter	p37 s1 bill 31 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c2fcaaae2fba52b2f22c017c4dedf8736a07f36b

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