Bill 163, Christopher's Law (Sex Offender Registry) Amendment Act, 2011

Bill 163 2011

An Act to amend Christopher's Law (Sex Offender Registry), 2000

Note: This Act amends Christopher's Law (Sex Offender Registry), 2000.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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:

   1.  (1)  Subsection 1 (1) of Christopher's Law (Sex Offender Registry), 2000 is amended by adding the following definition:

"pardon" means,

  (a)  a free pardon granted under Her Majesty's royal prerogative of mercy,

  (b)  a free pardon granted under section 748 of the Criminal Code (Canada), or

   (c)  a pardon granted, or a record suspension ordered, under the Criminal Records Act (Canada); ("réhabilitation")

   (2)  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) and by adding the following clauses:

(b.2) an offence in respect of which a person is subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act (Canada),

(b.3) an offence in respect of which a person is subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada), or

   2.  (1)  Clauses 3 (1) (a) to (e) of the Act are repealed and the following substituted:

  (a)  within the prescribed period after he or she is released from custody after serving the custodial portion of a sentence in respect of a sex offence;

(a.0.1) within the prescribed period after he or she is released from custody on parole in respect of a sex offence;

(a.1) within the prescribed period after he or she is convicted of a sex offence, if the offender is not given a custodial sentence;

(a.2) within the prescribed period after he or she is ordered to serve the custodial portion of the sentence in respect of a sex offence intermittently;

(a.3) within the prescribed period after he or she is released from custody pending the determination of an appeal in relation to a sex offence;

  (b)  within the prescribed period after he or she receives an absolute or conditional discharge in respect of a sex offence, if he or she was found not criminally responsible of the offence on account of mental disorder;

   (c)  within the prescribed period after he or she changes his or her address;

(c.1) within the prescribed period after he or she changes his or her name;

  (d)  within the prescribed period after he or she becomes resident in Ontario;

  (e)  within the prescribed period before he or she ceases to be resident in Ontario;

(e.1) within the prescribed period after he or she becomes subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act (Canada);

(e.2) within the prescribed period after he or she becomes subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada);

   (2)  Section 3 of the Act is amended by adding the following subsections:

Transition

   (1.1)  Clauses (1) (a) to (e.2) apply only if the event referred to in them occurs on or after the day this subsection came into force.

Same

   (1.2)  Clauses (1) (a) to (e), as they read before the day this subsection came into force, continue to apply if the event referred to in them occurred before the day this subsection came into force.

   3.  (1)  Clauses 7 (2) (a) and (b) of the Act are repealed and the following substituted:

  (a)  within the prescribed period after his or her release from custody on an offence other than a sex offence;

  (b)  within the prescribed period after he or she receives an absolute or conditional discharge, if he or she was found not criminally responsible of an offence other than a sex offence on account of mental disorder.

   (2)  Section 7 of the Act is amended by adding the following subsections:

Transition

   (2.1)  Clauses (2) (a) and (b) apply only if the event referred to in them occurs on or after the day this subsection came into force.

Same

   (2.2)  Clauses (2) (a) and (b), as they read before the day this subsection came into force, continue to apply if the event referred to in them occurred before the day this subsection came into force.

   4.  Section 8 of the Act is amended by adding the following subsections:

Same

   (1.5)  Despite subsection (1) and section 7, and subject to any other reporting requirement under this Act, this Act applies to an offender anywhere in Canada who, on or after the day this subsection comes into force, becomes subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act (Canada), for as long as he or she remains subject to that obligation.

Same

   (1.6)  Despite subsection (1) and section 7, and subject to any other reporting requirement under this Act, this Act applies to an offender anywhere in Canada who, on or after the day this subsection comes into force, becomes subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada), for as long as he or she remains subject to that obligation.

   5.  Subsection 9 (3) of the Act is repealed.

   6.  The Act is amended by adding the following section:

Offender deleted from registry

   9.1  If an offender receives a pardon of the type described in clause (a) or (b) of the definition of "pardon" in subsection 1 (1),  for every sex 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 sex offender registry.

   7.  Section 14 of the Act is amended by adding the following clause:

(a.1) prescribing the various periods of time referred to in subsections 3 (1) and 7 (2);

Commencement

   8.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   9.  The short title of this Act is the Christopher's Law (Sex Offender Registry) Amendment Act, 2011.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 163 and does not form part of the law.  Bill 163 has been enacted as Chapter 8 of the Statutes of Ontario, 2011.

Clauses 3 (1) (a) to (e) and 7 (2) (a) and (b) of Christopher's Law (Sex Offender Registry), 2000, which require offenders to report within 15 days after or before various events, are amended so that the number of days will in the future be specified by regulation rather than in the Act.

The Act is also amended to provide that if an offender who was convicted, or found not criminally responsible on account of a mental disorder, outside Canada becomes subject to an obligation to report under the Sex Offender Information Registration Act (Canada) after he or she arrives in Canada – by virtue of section 490.02901 of the Criminal Code (Canada) or section 36.1 of the International Transfer of Offenders Act (Canada) – the offender will be obliged to report under Christopher's Law, too.  These new reporting obligations are reflected in the new clauses 3 (1) (e.1) and (e.2), the new clauses (b.2) and (b.3) of the definition of "sex offence" in subsection 1 (1), and the new subsections 8 (1.5) and (1.6) respecting reporting periods.

Subsection 1 (1) of the Act is amended to define "pardon" as a free pardon granted under Her Majesty's royal prerogative of mercy or under section 748 of the Criminal Code (Canada) or a pardon or record suspension under the Criminal Records Act (Canada).  The new section 9.1, which replaces the former subsection 9 (3), requires the ministry to delete references to an offender from the sex offender registry if the offender receives a free pardon for every sex offence in respect of which the Act applies to him or her, but not if the offender receives only a pardon or record suspension under the Criminal Records Act (Canada).  However, an offender's reporting requirement ceases under subsection 7 (4) of the Act if the offender receives either a free pardon or a pardon or record suspension under the Criminal Records Act (Canada).

Bill 163 2011

An Act to amend Christopher's Law (Sex Offender Registry), 2000

Note: This Act amends Christopher's Law (Sex Offender Registry), 2000.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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:

   1.  (1)  Subsection 1 (1) of Christopher's Law (Sex Offender Registry), 2000 is amended by adding the following definition:

"pardon" means,

  (a)  a free pardon granted under Her Majesty's royal prerogative of mercy,

  (b)  a free pardon granted under section 748 of the Criminal Code (Canada), or

   (c)  a pardon granted, or a record suspension ordered, under the Criminal Records Act (Canada); ("réhabilitation")

   (2)  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) and by adding the following clauses:

(b.2) an offence in respect of which a person is subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act (Canada),

(b.3) an offence in respect of which a person is subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada), or

   2.  (1)  Clauses 3 (1) (a) to (e) of the Act are repealed and the following substituted:

  (a)  within the prescribed period after he or she is released from custody after serving the custodial portion of a sentence in respect of a sex offence;

(a.0.1) within the prescribed period after he or she is released from custody on parole in respect of a sex offence;

(a.1) within the prescribed period after he or she is convicted of a sex offence, if the offender is not given a custodial sentence;

(a.2) within the prescribed period after he or she is ordered to serve the custodial portion of the sentence in respect of a sex offence intermittently;

(a.3) within the prescribed period after he or she is released from custody pending the determination of an appeal in relation to a sex offence;

  (b)  within the prescribed period after he or she receives an absolute or conditional discharge in respect of a sex offence, if he or she was found not criminally responsible of the offence on account of mental disorder;

   (c)  within the prescribed period after he or she changes his or her address;

(c.1) within the prescribed period after he or she changes his or her name;

  (d)  within the prescribed period after he or she becomes resident in Ontario;

  (e)  within the prescribed period before he or she ceases to be resident in Ontario;

(e.1) within the prescribed period after he or she becomes subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act (Canada);

(e.2) within the prescribed period after he or she becomes subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada);

   (2)  Section 3 of the Act is amended by adding the following subsections:

Transition

   (1.1)  Clauses (1) (a) to (e.2) apply only if the event referred to in them occurs on or after the day this subsection came into force.

Same

   (1.2)  Clauses (1) (a) to (e), as they read before the day this subsection came into force, continue to apply if the event referred to in them occurred before the day this subsection came into force.

   3.  (1)  Clauses 7 (2) (a) and (b) of the Act are repealed and the following substituted:

  (a)  within the prescribed period after his or her release from custody on an offence other than a sex offence;

  (b)  within the prescribed period after he or she receives an absolute or conditional discharge, if he or she was found not criminally responsible of an offence other than a sex offence on account of mental disorder.

   (2)  Section 7 of the Act is amended by adding the following subsections:

Transition

   (2.1)  Clauses (2) (a) and (b) apply only if the event referred to in them occurs on or after the day this subsection came into force.

Same

   (2.2)  Clauses (2) (a) and (b), as they read before the day this subsection came into force, continue to apply if the event referred to in them occurred before the day this subsection came into force.

   4.  Section 8 of the Act is amended by adding the following subsections:

Same

   (1.5)  Despite subsection (1) and section 7, and subject to any other reporting requirement under this Act, this Act applies to an offender anywhere in Canada who, on or after the day this subsection comes into force, becomes subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act (Canada), for as long as he or she remains subject to that obligation.

Same

   (1.6)  Despite subsection (1) and section 7, and subject to any other reporting requirement under this Act, this Act applies to an offender anywhere in Canada who, on or after the day this subsection comes into force, becomes subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada), for as long as he or she remains subject to that obligation.

   5.  Subsection 9 (3) of the Act is repealed.

   6.  The Act is amended by adding the following section:

Offender deleted from registry

   9.1  If an offender receives a pardon of the type described in clause (a) or (b) of the definition of "pardon" in subsection 1 (1),  for every sex 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 sex offender registry.

   7.  Section 14 of the Act is amended by adding the following clause:

(a.1) prescribing the various periods of time referred to in subsections 3 (1) and 7 (2);

Commencement

   8.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   9.  The short title of this Act is the Christopher's Law (Sex Offender Registry) Amendment Act, 2011.

EXPLANATORY NOTE

Clauses 3 (1) (a) to (e) and 7 (2) (a) and (b) of Christopher's Law (Sex Offender Registry), 2000, which require offenders to report within 15 days after or before various events, are amended so that the number of days will in the future be specified by regulation rather than in the Act.

The Act is also amended to provide that if an offender who was convicted, or found not criminally responsible on account of a mental disorder, outside Canada becomes subject to an obligation to report under the Sex Offender Information Registration Act (Canada) after he or she arrives in Canada – by virtue of section 490.02901 of the Criminal Code (Canada) or section 36.1 of the International Transfer of Offenders Act (Canada) – the offender will be obliged to report under Christopher's Law, too.  These new reporting obligations are reflected in the new clauses 3 (1) (e.1) and (e.2), the new clauses (b.2) and (b.3) of the definition of "sex offence" in subsection 1 (1), and the new subsections 8 (1.5) and (1.6) respecting reporting periods.

Subsection 1 (1) of the Act is amended to define "pardon" as a free pardon granted under Her Majesty's royal prerogative of mercy or under section 748 of the Criminal Code (Canada) or a pardon or record suspension under the Criminal Records Act (Canada).  The new section 9.1, which replaces the former subsection 9 (3), requires the ministry to delete references to an offender from the sex offender registry if the offender receives a free pardon for every sex offence in respect of which the Act applies to him or her, but not if the offender receives only a pardon or record suspension under the Criminal Records Act (Canada).  However, an offender's reporting requirement ceases under subsection 7 (4) of the Act if the offender receives either a free pardon or a pardon or record suspension under the Criminal Records Act (Canada).