National Sex Offender Registry

The Sex Offender Information Registration Act established a national sex offender database containing information on convicted sex offenders. This database is maintained by the RCMP and is intended to assist police in investigating crimes of a sexual nature by providing them with rapid access to current vital information on convicted sex offenders. For example, police investigating a sex offence are able to quickly log onto the sex offender database and query for a list of all known sex offenders within a geographic area. Any convicted sex offender subject to the Act that lives, works, volunteers, goes to school or is even visiting temporarily in that geographical area will be instantly identified. Through the database, police have access to personal information, such as recent photos, descriptions of identifying marks and features that will assist in the investigation.

The backbone of the sex offender registration system is a special new Sex Offender Database maintained by the RCMP. This database is accessible only by accredited law enforcement agencies. It serves over 60,000 law enforcement officials in every province and territory. In each jurisdiction, local police are required to input data and are responsible for enforcement of the registration provisions.

Following conviction and sentencing for one of the designated offences listed in the Criminal Code, the Crown can apply to the court for a Sex Offender Registration Order. The Crown can apply for registration orders not only for sexual offence convictions, but also for other offences if they were done with the intent to commit one of the designated ‘sexual’ offences.

Individuals convicted of a sexual offence prior to the coming into force of the registry are also eligible for an order to comply as long as they were either under active sentence as of December 15, 2004, or they were included on the Ontario provincial sex offender registry as of that date.

Once a court has ordered registration, notice is provided to the offender requiring registration in person at a designated police agency (registration centre) within 15 days after the order is made or release from custody. The registration period begins on the day the order is made and re-registration is required once per year and within 15 days of a change of personal information, such as their name or address. If the offender is absent from his home address for more than 15 continuous days, the registration centre must be notified.

Sex offenders are required to remain registered for one of three periods; these periods are geared to the maximum penalty available for the offence of which they were convicted:

Offenders registered for 10 or 20 years will be able to apply for a judicial review at the five or 10-year mark respectively to determine if their registration requirement should be removed based on the same test as for lifetime registrants.

Under the legislation, persons authorized to register information must collect only the information pertaining to the offence and resulting order. Information should be registered in the sex offender database without delay and treated confidentially. The sex offender can request correction of information in the case of error or omission.

Sex offender information will remain on the database indefinitely, except for final acquittal on appeal or free pardon under the Royal Prerogative of Mercy or the Criminal Code. In these cases, information is permanently removed.

A new Criminal Code offence was created for failure to comply with the terms and conditions of a registration order or for providing false information. This offence would be punishable by a maximum of 6 months in prison for a first offence, up to 2 years for any subsequent offence and/or a $10,000 fine in either case.

The SOIR Act contains specific provisions regulating access to, and use and disclosure of, information contained in the database relating to sex offenders. These provisions include a new summary offence for unlawful access to or distribution of database information, punishable by 6 months in prison and up to a $10,000 fine.