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Sex Offender Registry Rules Get Tougher

Full Title: An Act to amend the Criminal Code and the Sex Offender Information Registration Act

Summary#

This bill changes the Criminal Code and the Sex Offender Information Registration Act (SOIRA) to tighten reporting rules for people on the national sex offender registry. Courts could order longer reporting for offenders who are likely to reoffend. The bill also requires earlier notice before a move, more frequent check-ins, and creates a new offence for failing to report as required.

  • Allows a court to set a 30‑year reporting period if the prosecutor shows the offender is likely to reoffend (Criminal Code s.490.012(2.1), s.490.013(4.1)).
  • Requires sex offenders to report every 6–7 months, not yearly (SOIRA s.4.1(1)(c)).
  • Requires reporting to the registry within 7 days before moving and to give the new address and move date (SOIRA s.4.1(1.1), s.5(1)(c.1)).
  • Requires registry staff to alert the new region and notify police if the person does not report after the move date given (SOIRA s.10).
  • Makes failing to comply with reporting rules a summary conviction offence (a less serious criminal charge) (SOIRA Offence — failure to report).
  • Lets a person seek early termination after 20 years only if they have completed a provincially approved sex offender treatment program under court supervision (Criminal Code s.490.015(1)(d)).

What it means for you#

  • Households
    • No direct duties or fees. Any safety impact depends on police use of more current registry data. Data unavailable.
  • Registered sex offenders
    • Must report to a registration centre (a police/government office designated to collect registry information) every 6–7 months instead of annually (SOIRA s.4.1(1)(c)). Applies after the law comes into force (date not set).
    • Must report within 7 days before changing main residence and provide the new address and the move date (SOIRA s.4.1(1.1), s.5(1)(c.1)).
    • Face a new summary conviction offence for failing to comply with section 4.1 reporting rules, without reasonable excuse (SOIRA Offence — failure to report).
    • If the court finds you are likely to reoffend, it may order a 30‑year reporting period (Criminal Code s.490.012(2.1), s.490.013(4.1)).
    • You may appeal a 30‑year reporting order (Criminal Code s.490.014).
    • You may apply to terminate a 30‑year order after 20 years only if you complete a provincially approved sex offender treatment program under court supervision (Criminal Code s.490.015(1)(d)).
  • Police services and registry centres
    • Receive more frequent in‑person reports and pre‑move notices; must forward move information to the new region’s centre (SOIRA s.10(1)).
    • Must notify local police without delay if a person fails to report to the new region within 7 days after the stated move date (SOIRA s.10(2)).
    • Gain clearer purpose language that includes prevention as well as investigation (SOIRA s.2(1)).
  • Courts and prosecutors
    • May seek and impose 30‑year reporting orders on proof the offender is likely to commit another designated offence (Criminal Code s.490.012(2.1), s.490.013(4.1)).
    • Hear appeals related to such orders (Criminal Code s.490.014).
    • Must consider treatment completion for early termination applications at 20 years (Criminal Code s.490.015(1)(d)).
  • Provinces and territories
    • Need to approve sex offender treatment programs suitable for court‑supervised completion (Criminal Code s.490.015(1)(d)).
    • Registry centres may need added staff or systems to handle more frequent reports and inter‑jurisdictional notifications (SOIRA s.4.1, s.10). Data unavailable on resource impacts.

Expenses#

  • Estimated net cost: Data unavailable (no fiscal note or funding provisions in the bill text).

  • Key points:

    • The bill contains no explicit appropriations or fees. Any costs would arise from implementation by police services, registry centres, courts, and treatment programs (Bill text; SOIRA and Criminal Code amendments).
    • Potential cost drivers include more frequent reporting, pre‑move processing, police follow‑ups on non‑reporting, court time for 30‑year orders/appeals, and increased demand for approved treatment programs. Data unavailable.
    • No official federal or provincial cost estimates identified. Data unavailable.

Proponents' View#

  • More current location data will help police prevent and investigate sexual offences, as the SOIRA purpose adds “prevent” and emphasizes protection of the public in specified cases (SOIRA s.2(1), s.2(3)).
  • Requiring reports every 6–7 months reduces stale addresses and improves the usefulness of the registry to police (SOIRA s.4.1(1)(c)).
  • Pre‑move reporting and mandatory notifications create a paper trail and rapid alerts if someone fails to show up after moving (SOIRA s.4.1(1.1), s.5(1)(c.1), s.10).
  • A 30‑year order focused on offenders likely to reoffend targets higher‑risk individuals, extending monitoring where public safety needs are greater (Criminal Code s.490.012(2.1), s.490.013(4.1)).
  • The new offence for failing to report provides a clearer enforcement tool for deliberate non‑compliance (SOIRA Offence — failure to report).
  • Tying early termination to completion of a provincially approved treatment program supports rehabilitation before reducing reporting duties (Criminal Code s.490.015(1)(d)).

Opponents' View#

  • Implementation burden: Twice‑yearly reports and pre‑move processing may strain registry centres and police without added funding, risking delays or uneven enforcement (SOIRA s.4.1, s.10). Data unavailable.
  • Risk of penalizing administrative failures: Creating a new summary conviction offence for missing reporting windows may increase charges for technical non‑compliance, including among people with unstable housing (SOIRA Offence — failure to report; s.4.1(1.1)).
  • Predictive standard concern: Allowing 30‑year orders based on being “likely to commit” another offence may raise fairness and evidentiary concerns about how courts assess likelihood (Criminal Code s.490.012(2.1), s.490.013(4.1)). Standards and tools are not defined in the bill.
  • Access to treatment: Early termination after 20 years requires completion of a provincially approved program; limited program availability or waitlists could block eligible applicants, especially in rural or remote areas (Criminal Code s.490.015(1)(d)). Data unavailable on program capacity.
  • Inter‑jurisdictional coordination: New cross‑centre notifications and police alerts may face data‑sharing or IT challenges across provinces and territories, affecting timeliness and accuracy (SOIRA s.10). Data unavailable.

Timeline

Jun 5, 2023 • House

First reading

Criminal Justice