Tougher Sex Offender Reporting Rules

Summary#

This bill changes Canada’s Criminal Code and the Sex Offender Information Registration Act (SOIRA). It increases how often registered sex offenders must report, adds a pre-move notice rule, and creates a new offence for failing to report. It also lets courts order some offenders to stay on the registry for 30 years if they are likely to reoffend, with limits on when they can ask to end that order.

• Reporting moves from yearly to every 6–7 months (Clause 7).
• Offenders must report at least 7 days before changing their main address (Clause 7).
• Registry staff must forward move notices and alert police if follow-up reporting does not occur (Clause 9).
• Courts may impose a 30-year reporting order if the prosecutor shows the person is likely to reoffend (Clauses 2, 2 adding 490.013(4.1)).
• To seek early termination of that 30-year order after 20 years, the offender must complete a provincially approved sexual behaviour treatment program (Clause 5).
• Failing to meet SOIRA reporting rules becomes a summary conviction offence (Clause 10).

What it means for you#

• Households and the public

  • Police get more current location information from registered offenders, which the Act states is meant to help prevent and investigate sexual offences (Clause 6; Preamble).
  • For moves, information is forwarded to the new area’s centre, and police are notified if follow-up reporting does not occur within 7 days of the stated move date (Clause 9).

• Registered sex offenders

  • You must report in person between 6 and 7 months after your last report, rather than between 11 and 12 months (Clause 7).
  • You must report to the registration centre at least 7 days before changing your main residence and provide the new address/location and the date it becomes your main residence (Clauses 7, 8).
  • If you gave notice of a move and do not report to the new area’s centre within 7 days after the date you provided, the centre must notify local police (Clause 9).
  • Failing to comply with SOIRA reporting rules, without reasonable excuse, is an offence punishable on summary conviction (Clause 10).
  • A court may order you to comply with SOIRA for 30 years if the prosecutor satisfies the court you are likely to commit a further designated sexual offence (Clause 2).
  • You may appeal such an order (Clause 3).
  • You may apply for termination after 20 years only if you completed a provincially approved sexual behaviour treatment program under court supervision (Clause 5).
  • Effective date for these changes: Data unavailable.

• Police services and registry staff

  • You will receive semi-annual reports instead of annual reports, increasing volume (Clause 7).
  • You must forward pre-move information to the receiving registration centre “without delay” (Clause 9).
  • If an offender who gave pre-move notice does not report to the new area’s centre within 7 days after the stated date, you must notify the local police service “without delay” (Clause 9).

• Prosecutors and courts

  • You may apply for a 30-year SOIRA order based on a likelihood to reoffend; courts decide on that record (Clause 2).
  • Appeals are available on questions of law or mixed law and fact for orders under the new provision (Clause 3).
  • Courts supervise completion of provincially approved sexual behaviour treatment programs when considering termination applications (Clause 5).

• Provinces and territories

  • You must approve sexual behaviour treatment programs suitable for court-supervised completion under this regime (Clause 5).
  • SOIRA’s purpose now explicitly includes “protect the public,” and for child sexual offences and aggravated sexual assault, privacy balancing is subject to the need to protect the public (Clause 6).

Expenses#

• Estimated net cost: Data unavailable.

• Key points

  • No explicit appropriations or new fees in the bill (Bill text).
  • Likely cost drivers without available estimates:
    • More frequent in-person reporting (from annual to semi-annual) increases registry workload and processing (Clause 7).
    • Pre-move reporting, inter-centre forwarding, and police notifications add administrative steps (Clause 9).
    • New summary offence may increase investigations and prosecutions (Clause 10).
    • Court time for applications, appeals, and termination hearings related to 30-year orders (Clauses 2, 3, 5).
    • Provincial costs to approve and supervise suitable treatment programs; availability may affect termination eligibility (Clause 5).
  • Effective date for budget planning: Data unavailable.

Proponents' View#

• More frequent reporting and pre-move notice keep location data current, which the Act says helps police prevent and investigate sexual offences (Clauses 6, 7; Preamble).
• Forwarding move information and prompt police alerts reduce gaps when offenders relocate, supporting faster checks and follow-up (Clause 9).
• A 30-year order focuses on offenders a court finds likely to reoffend, targeting higher-risk cases while allowing appeals and later termination with treatment (Clauses 2, 3, 5).
• Adding “protect the public” to SOIRA’s purpose and prioritizing protection in certain serious cases clarifies Parliament’s intent and aligns with public safety goals (Clause 6).
• Making failure to report a summary offence gives clearer consequences for non-compliance and may improve overall compliance rates (Clause 10).
• Semi-annual reporting is a modest change in schedule but may yield timelier data for investigators (Clause 7). Actual impact on crime prevention: Data unavailable.

Opponents' View#

• The “likely to reoffend” standard for a 30-year order is not defined in the bill, which may lead to inconsistent application and extended reporting for some offenders (Clause 2).
• Requiring completion of a provincially approved sexual behaviour treatment program before seeking termination could be a barrier where program access is limited; this may delay eligible applications (Clause 5). Program availability and wait times: Data unavailable.
• Doubling reporting frequency increases burdens on registrants and may strain registry and police resources without clear evidence of improved outcomes (Clause 7). Measured benefits or costs: Data unavailable.
• Creating a new offence for failure to report could criminalize administrative lapses, even when no new offence is committed, though “reasonable excuse” is a defence (Clause 10).
• The change to SOIRA’s purpose and the public-protection override for certain offences may weaken privacy safeguards that previously guided information handling (Clause 6).
• Implementation relies on timely inter-agency coordination (“without delay” forwarding and alerts); if not met, benefits could be limited (Clause 9). Compliance rates and timelines: Data unavailable.