Christopher's Statute Law Amendment Act (Sex Offender Registry and Electronic Sexual Material), 2008 Martiniuk, Gerry — Bill 128 (39th Parliament, 1st Session)

Bill 128, 39-1

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Bill 128, Christopher's Statute Law Amendment Act (Sex Offender Registry and Electronic Sexual Material), 2008

Martiniuk, Gerry

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[39] Bill 128 Original (PDF)

Bill 128 2008

An Act to protect our children from sexual predators and

exposure to electronic forms of sexual material by amending Christopher's Law

(Sex Offender Registry), 2000 and other Acts

This

Act amends or repeals more than one Act. For the legislative history of these

Acts, see the Table of Consolidated Public Statutes – Detailed Legislative

History on www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Christopher's Law (Sex Offender Registry), 2000

(1) The definition of

"offender" in subsection 1 (1) of Christopher's Law (Sex Offender Registry), 2000 is

repealed and the following substituted:

"offender"

means a person,

(

a) who

has been convicted of an offence described in clause (a), (

b) or (

c) of the

definition of "sex offence" in this subsection,

(

b) who

has been found not criminally responsible of an offence described in clause

(a), (

b) or (

c) of the definition of "sex offence" in this subsection on

account of mental disorder, or

(

c) who

is resident in Ontario and who,

(

i) has

been convicted of an offence described in clause (

d) of the definition of "sex

offence" in this subsection, or

(ii) has

been found not criminally responsible of an offence described in clause (

d) of

the definition of "sex offence" in this subsection on account of mental

disorder; ("d élinquant ")

(2) If, on the day this subsection

comes into force, subsection 1 (2) of Christopher's Law (Sex Offender Registry) Amendment

Act, 2008 is not in force, the definition of "sex offence" in

subsection 1 (1) of the Act is amended by striking out "or" at the end of

clause (b), by adding "or" at the end of clause (

c) and by adding the following

clause:

(

d) an

offence in a jurisdiction outside Canada that is prescribed if, in the opinion

of the ministry, the offence is equivalent to an offence described in clause

(a), (

b) or (c);

(3) On the later of the day this

subsection comes into force and the day subsection 1 (2) of Christopher's Law (Sex Offender

Registry) Amendment Act, 2008 comes into force, the definition of

"sex offence" in subsection 1 (1) of the Act is amended by striking out "or" at

the end of clause (b.1), by adding "or" at the end of clause (

c) and by adding

the following clause:

(

d) an

offence in a jurisdiction outside Canada that is prescribed if, in the opinion

of the ministry, the offence is equivalent to an offence described in clause

(a), (b), (b.1) or (c);

Section 2 of the Act is amended by adding

the following subsection:

Exception

(2) Nothing in subsection (1) requires the ministry to

include in the sex offender registry information about a person described in

clause (

c) of the definition of "offender" in subsection 1 (1) unless the

ministry has knowledge that the person is resident in Ontario.

3. Subsection 8 (1) of the Act is amended by

striking out the portion before clause (

a) and substituting the following:

Application of Act

(1) This Act applies to every offender anywhere in Canada or in a jurisdiction outside Canada that is prescribed who,

. . . .

4. (1) Subsection 10 (1) of the

Act is amended by striking out "(2) and (3)" and substituting "(2), (3) and

(3.1)".

(2) Section 10 of the Act is amended by

adding the following subsection:

Access by public

(3.1) Subject to the prescribed limitations, if any, a

person is entitled, at no charge, to inspect the sex offender registry and to

make copies of any part of the registry if the person follows the prescribed

procedure.

(3) Subsection 10 (4) of the Act is

amended by striking out "(2) or (3)" and substituting "(2), (3) or (3.1)".

Section 14 of the Act is amended by adding

the following clauses:

(a.1) prescribing

a jurisdiction outside Canada for the purpose of clause (

d) of the definition

of "sex offence" in subsection 1 (1) and for the purpose of subsection 8 (1);

. . . .

(d.1) prescribing

limitations and a procedure for the purpose of subsection 10 (3.1);

Education Act

Section 230 of the Education Act is amended by striking

out "or" at the end of clause (b), by adding "or" at the end of clause (

c) and

by adding the following clause:

(

d) contravenes

section 321, 322 or 323.

7. The Act is amended by adding the following

Part:

Part

XIII.2

Prohibiting access to Electronic forms of sexual material

Blocking access to sexual material

(1) In

this section,

"sexually

explicit material" means material of which a principal feature or

characteristic is the nudity or partial nudity of any person and that is

designed to appeal to erotic or sexual appetites or inclinations.

Same

(2) A board shall ensure that every school of the board

has in place technology measures on all of the school's computers to which a

minor may have access that,

(

a) block

access on the Internet to any material, including written material, pictures

and recordings, that is obscene within the meaning of subsection 163 (8) of the

Criminal Code

(Canada) or sexually explicit or that constitutes child pornography within the

meaning of

section 163.1 of the Criminal Code (Canada); and

(

b) block

access to any form of electronic communication, including electronic mail and

chat rooms, if the communication could reasonably be expected to expose a minor

to any material, including written material, pictures and recordings, that is

obscene within the meaning of subsection 163 (8) of the Criminal Code (Canada) or sexually

explicit or that constitutes child pornography within the meaning of

section

163.1 of the Criminal Code

(Canada).

Severability

(3) Technology measures that a school adopts under

subsection (2) do not contravene that subsection if they comply with that

subsection and, in addition, allow access on the Internet to material that does

not contravene clause (2) (

a) or allow access to any form of electronic communication

that does not contravene clause (2) (b).

Blocking access

to unauthorized material

(1) A

board shall ensure that every school of the board has in place technology measures

on all of the school's computers to which a minor may have access that block

access to any site on the Internet or to any form of electronic communication,

including electronic mail and chat rooms, if,

(

a) the

school has not authorized users of the computers to access the site or the

communication; or

(

b) the

site or the communication could reasonably be expected to contain material that

includes personal information within the meaning of the Freedom of Information and Protection of Privacy

Act about a minor.

Policy for authorized access

(2) A board shall ensure that,

(

a) every

school of the board has a policy to determine what minors or class of minors

are authorized to use the school's computers to access what sites on the

Internet and what forms of electronic communication, including electronic mail

and chat rooms;

(

b) the

policy described in clause (

a) meets the requirements, if any, prescribed by

the regulations; and

(

c) every

school of the board publishes a notice setting out the policy described in

clause (

a) in conspicuous places in the school, as the school determines and

the regulations require.

Monitoring electronic access by minors

323. A

board shall ensure that every school of the board,

(

a) monitors

the use by minors of any or all of the school's computers to access the Internet

or any form of electronic communication, including electronic mail or chat

rooms for the purpose of allowing the board to determine whether it has met its

obligations under

section 321 or 322; and

(

b) has

in place technology measures that permit the school to perform the monitoring described

in clause (a).

Regulations

(1) The

Minister may make regulations,

(

a) specifying

standards that technology measures must meet for a board to comply with its

requirements in

section 321, 322 or 323;

(

b) prescribing

or specifying anything that this Part describes as being prescribed or required

in the regulations.

General or specific application

(2) A regulation made under this

section may be of general

application or specific to any person, persons, thing or things or class or

classes in its application.

Classes

(3) A class described in the regulations made under this

section may be described according to any characteristic or combination of

characteristics and may be described to include or exclude any specified

member, whether or not with the same characteristics.

Public Libraries Act

Part III of the Public Libraries Act is amended by

adding the following sections:

Blocking access to sexual material

38.1

(1) In

this section,

"sexually

explicit material" means material of which a principal feature or

characteristic is the nudity or partial nudity of any person and that is

designed to appeal to erotic or sexual appetites or inclinations.

Same

(2) A board shall ensure that every library under its

jurisdiction has in place technology measures on all of the library's computers

to which a minor may have access that,

(

a) block

access on the Internet to any material, including written material, pictures

and recordings, that is obscene within the meaning of subsection 163 (8) of the

Criminal Code

(Canada) or sexually explicit or that constitutes child pornography within the

meaning of

section 163.1 of the Criminal Code (Canada); and

(

b) block

access to any form of electronic communication, including electronic mail and

chat rooms, if the communication could reasonably be expected to expose a minor

to any material, including written material, pictures and recordings, that is

obscene within the meaning of subsection 163 (8) of the Criminal Code (Canada) or sexually

explicit or that constitutes child pornography within the meaning of

section

163.1 of the Criminal Code

(Canada).

Severability

(3) Technology measures that a library adopts under

subsection (2) do not contravene that subsection if they comply with that

subsection and, in addition, allow access on the Internet to material that does

not contravene clause (2) (

a) or allow access to any form of electronic communication

that does not contravene clause (2) (b).

Blocking access

to unauthorized material

38.2

(1) A

board shall ensure that every library under its jurisdiction has in place

technology measures on all of the library's computers to which a minor may have

access that block access to any site on the Internet or to any form of

electronic communication, including electronic mail and chat rooms, if,

(

a) the

library has not authorized users of the computers to access the site or the

communication; or

(

b) the

site or the communication could reasonably be expected to contain material that

includes personal information within the meaning of the Freedom of Information and Protection of Privacy Act

about a minor.

Policy for authorized access

(2) A board shall ensure that,

(

a) every

library under its jurisdiction has a policy to determine what minors or class

of minors are authorized to use the library's computers to access what sites on

the Internet and what forms of electronic communication, including electronic

mail and chat rooms;

(

b) the

policy described in clause (

a) meets the prescribed requirements, if any; and

(

c) every

library under its jurisdiction publishes a notice setting out the policy

described in clause (

a) in conspicuous places in the library, as the library

determines and the regulations require.

Monitoring electronic access by minors

38.3 A

board shall ensure that every l

Document details

Collection	Ontario — Bills
Citation	Bill 128, 39-1
Type	bill
Volume / chapter	p39 s1 bill 128 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	cd97fd22d201744108e73dc7b877b7a387a9d216

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