Stalkers Registry Act, 2003 Bartolucci, Rick — Bill 66 (37th Parliament, 4th Session)

Bill 66, 37-4

Ontario — Bills

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Bill 66, Stalkers Registry Act, 2003

Bartolucci, Rick

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[37] Bill 66 Original (PDF)

Bill 66 2003

An Act to provide

greater protection to victims

of stalking by providing for

a stalkers registry

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

Assembly of the Province of Ontario, enacts as follows:

Definitions

(1) In this Act,

"ministry" means the Ministry of the Solicitor General;

("ministère")

"offender" means a person,

(

a) who has been convicted of a stalking offence, or

(

b) who has been found not criminally responsible with respect to a

stalking offence on account of mental disorder; ("délinquant")

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

force; ("corps de police")

"prescribed" means prescribed by regulations made under this Act;

("prescrit")

"stalkers registry" means the registry established under

section 2;

("registre des harceleurs")

"stalking offence" means an offence under

section 264 of the Criminal

Code (Canada), subsection 35 (2) of the Children's Law Reform

Act or subsection 46 (2) of the Family Law Act . ("infraction de

harcèlement")

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.

Stalkers registry

2. The ministry shall establish and maintain a

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

stalking offences for which, on or after the day

section 3 comes into force,

they are serving or have served a sentence or in respect 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

(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 is released from custody after serving

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

(

b) within 15 days after he or she is convicted of a stalking offence, if

the offender is not given a custodial sentence;

(

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

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

criminally responsible with respect to the offence on account of mental

disorder;

(

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

(

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

(

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

(

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 (a), (b), (c), (

d) or (

e) or under subsection 7 (2); and

(

h) 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 (g).

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 subsections (1), 7 (2) and 9 (1), and may also designate the

days and times when offenders may present themselves for those purposes.

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

(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 stalkers 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 information

obtained in this manner in the stalkers registry if the information is

relevant.

Offender's right to review own record

(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 stalkers

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 stalkers 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

stalkers registry shall be corrected accordingly.

Offender may request removal of irrelevant

information

(4) If the offender believes any information about him or her

in the stalkers registry is not relevant, he or she may give the police force

an explanation of why the information is not relevant and request its removal

from the stalkers registry and, if the person authorized by the police force

to record this information is satisfied that the information is not relevant,

the police force shall submit a request for the removal of the information to

the ministry in a manner approved by the ministry and the stalkers registry

shall be corrected accordingly.

Reporting period

(1) Subject to subsections (2),

(3) and (4), an offender shall comply with

section 3,

(

a) for five years after he or she first reports under that section, if he

or she was sentenced to a term of imprisonment of one year or more for the

stalking offence;

(

b) for two years after he or she first reports under that section, in all

other cases.

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 for an offence

other than a stalking offence;

(

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

discharge, if he or she was found not criminally responsible on account of

mental disorder with respect to an offence other than a stalking offence.

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 stalking 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

(1) This Act applies to every

offender anywhere in Canada who,

(

a) is serving a sentence for a stalking offence on the day

section 3

comes into force;

(

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

section 3 comes

into force; or

(

c) is found not criminally responsible on account of mental disorder with

respect to a stalking offence 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 Youth Criminal Justice

Act (Canada).

Same

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

the Youth Criminal Justice Act (Canada) who,

(

a) is convicted of a stalking offence and receives an adult sentence

within the meaning of that Act for the offence; or

(

b) is found not criminally responsible on account of a mental disorder

for a stalking offence for which, if convicted, the young person would have

been eligible for an adult sentence.

Proof of pardon

(1) An offender who receives a

pardon for a stalking 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 stalking

offences

(3) If the offender has received a pardon for every stalking

offence for which this Act is made applicable to him or her, the ministry

shall delete every reference to and record of the offender from the stalkers

registry.

Disclosure prohibited

(1) Subject to subsections

(2) and (3), no person shall disclose to another person information obtained from

the stalkers registry in the course of his or her duties under this Act or

received in the course of his or her duties under this Act except as provided

by this Act.

Exception

(2) A police force, an employee of a police force and an

employee of or person authorized by the ministry for the purposes of this

section shall have access to the stalkers registry at any time and may

collect, retain and use information obtained from the stalkers registry for

any purpose under this Act, under subsection 41 (1.1) of the Police

Services Act or for crime prevention or law enforcement purposes.

Same

(3) A police force, an employee of a police force and an

employee of or person authorized by the ministry for the purposes of this

section may disclose information contained in the stalkers registry to

another police force in or outside Canada for the purposes of this

section or

for crime prevention or law enforcement purposes and the other police force

may collect, retain and use the information for crime prevention or law

enforcement purposes.

Same

(4) Any disclosure of personal information made under

Document details

Collection	Ontario — Bills
Citation	Bill 66, 37-4
Type	bill
Volume / chapter	p37 s4 bill 66 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e5c19bd55a646c22db7891b2d47e619a7581d1dc

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