An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act (S.C. 2023, c. 28)

• Published date: 05 July 2024
• Date: 26 October 2023
• Section: Part III - Acts of Parliament
• Gazette Issue: An Act to amend the Department of Public Works and Government Services Act (use of wood) (S.C. 2023, c.27) An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act (S.C. 2023, c. 28) An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts (S.C. 2023, c. 29) An Act to amend the Criminal Code (bail reform) (S.C. 2023, c. 30) Affordable Housing and Groceries Act (S.C. 2023, c. 31) An Act to amend certain Acts and to make certain consequential amendments (firearms) (S.C. 2023, c. 32) Appropriation Act No. 4, 2023–24 (S.C. 2023, c. 33) - [object Object]

S.C. 2023, c. 28

Assented to 2023-10-26

An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act

SUMMARY

This enactment amends the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act to, among other things,

• (a) require compliance with the Sex Offender Information Registration Act for persons who are convicted of an offence of a sexual nature against a child and for persons who have been convicted on separate occasions of two or more offences of a sexual nature;

• (b) require other persons who are convicted of, or receive a verdict of not criminally responsible on account of mental disorder for, an offence of a sexual nature to comply with that Act unless a court is satisfied that doing so would have no connection to the purposes of that Act or that the impact on the person of doing so would be grossly disproportionate to those purposes;

• (c) provide that an order to comply with that Act as a result of convictions, or verdicts of not criminally responsible on account of mental disorder, for two or more offences of a sexual nature that are dealt with in the same proceeding — or an obligation to comply with that Act as a result of convictions, or such verdicts, for two or more offences of a sexual nature — does not apply for life if a court is satisfied that the offences do not demonstrate a pattern of behaviour showing that the person presents an increased risk of reoffending by committing such an offence;

• (d) authorize a peace officer to obtain a warrant to arrest a person who has contravened any of sections 4 to 5.1 of that Act and bring them to a registration centre to remedy that contravention; and

• (e) clarify the obligations in section 6 of that Act respecting the notice that sex offenders who plan to absent themselves from their residence must provide.

The enactment also amends the Criminal Code to, among other things, codify the process for modifying and revoking publication bans, and add a requirement for sentencing courts to inquire into whether the victim of an offence would like to receive information about the administration of the offender’s sentence and, in the affirmative, provide the Correctional Service of Canada with the victim’s contact information.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46Criminal Code

1 Paragraph 153.1(1)(a) of the Criminal Code is replaced by the following:

• (a) an indictable offence and liable to imprisonment for a term not exceeding 10 years; or

• 2 (1) Subparagraph 486.4(1)(a)(i) of the Act is replaced by the following:

  • (i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 162.1, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or

• (2) Paragraph 486.4(2)(a) of the Act is replaced by the following:

  • (a) as soon as feasible, inform any witness under the age of 18 years and the victim of the right to make an application for the order;

• (3) Subsection 486.4(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after that paragraph:

  • (c) if an order is made, as soon as feasible, inform the witnesses and the victim who are the subject of that order of its existence and of their right to apply to revoke or vary it.

• (4) Subsection 486.4(2.2) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) if an order is made, as soon as feasible, inform the victim of the existence of the order and of their right to apply to revoke or vary it.

• (5) Subsection 486.4(4) of the Act is replaced by the following:

  • Marginal note:Inquiry by court

    (3.1) If the prosecutor makes an application for an order under paragraph (2)(b) or (2.2)(b), the presiding judge or justice shall

    • (a) if the victim or witness is present, inquire of the victim or witness if they wish to be the subject of the order;

    • (b) if the victim or witness is not present, inquire of the prosecutor if, before the application was made, they determined if the victim or witness wishes to be the subject of the order; and

    • (c) in any event, advise the prosecutor of their duty under subsection (3.2).

  • Marginal note:Duty to inform

    (3.2) If the prosecutor makes the application, they shall, as soon as feasible after the presiding judge or justice makes the order, inform the judge or justice that they have

    • (a) informed the witnesses and the victim who are the subject of the order of its existence;

    • (b) determined whether they wish to be the subject of the order; and

    • (c) informed them of their right to apply to revoke or vary the order.

  • Marginal note:Limitation

    (4) An order made under this section does not apply in either of the following circumstances:

    • (a) the disclosure of information is made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; or

    • (b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.

• (6) Section 486.4 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Limitation — victim or witness

    (5) An order made under this section does not apply in respect of the disclosure of information by the victim or witness when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim or witness.

• 3 (1) Subsection 486.5(3) of the Act is replaced with the following:

  • Marginal note:Limitation

    (3) An order made under this section does not apply in either of the following circumstances:

    • (a) the disclosure of information is made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; or

    • (b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.

  • Marginal note:Limitation — victim, etc.

    (3.1) An order made under this section does not apply in respect of the disclosure of information by the victim, witness or justice system participant when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim, or witness or justice system participant.

• (2) Section 486.5 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Duties — judge or justice

    (5.1) If the prosecutor makes an application for an order under subsection (1) or (2), the judge or justice shall

    • (a) if the victim, witness or justice system participant is present, inquire of them if they wish to be the subject of the order;

    • (b) if the victim, witness or justice system participant is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim, witness or justice system participant wishes to be the subject of the order; and

    • (c) in any event, advise the prosecutor of their duty under subsection (8.2).

• (3) Section 486.5 of the Act is amended by adding the following after subsection (8):

  • Marginal note:Supplementary duty — judge or justice

    (8.1) If an order is made, the judge or justice shall, as soon as feasible, inform the victims, witnesses and justice system participants who are the subject of that order of its existence and of their right to apply to revoke or vary it.

  • Marginal note:Duty to inform

    (8.2) If the prosecutor makes the application, they shall, as soon as feasible after the judge or justice makes the order, inform the judge or justice that they have

    • (a) informed the victims, witnesses and justice system participants who are the subject of the order of its existence;

    • (b) determined whether they wish to be the subject of the order; and

    • (c) informed them of their right to apply to revoke or vary the order.

4 The Act is amended by adding the following after section 486.5:

Marginal note:Application — vary or revoke

• 486.51 (1) If a person who is the subject of an order made under section 486.4 or 486.5 requests that the prosecutor have it varied or revoked, the prosecutor shall, as soon as feasible, make an application to vary or revoke the order on their behalf.

• Marginal note:Order — vary or revoke

  (2) If an application to vary or revoke an order made under section 486.4 or 486.5 is made by the person who is the subject of the order or by any other person, including a prosecutor, who is acting on their behalf, the court that made the order or, if that court is for any reason unable to act, another court of equivalent jurisdiction in the same province shall, without holding a hearing, vary or revoke the order, unless the court is of the opinion that to do so may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify...