Bill 66, Stalkers Registry Act, 2003

Versions

Bill 66 2003

An Act to provide
greater protection to victims
of stalking by providing for
a stalkers registry

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. (1) In this Act,

"ministry" means the Ministry of the Solicitor General; ("ministère")

"offender" means a person,

(a) who has been convicted of a stalking offence, or

(b) who has been found not criminally responsible with respect to a stalking offence on account of mental disorder; ("délinquant")

"police force" means the Ontario Provincial Police or a municipal police force; ("corps de police")

"prescribed" means prescribed by regulations made under this Act; ("prescrit")

"stalkers registry" means the registry established under section 2; ("registre des harceleurs")

"stalking offence" means an offence under section 264 of the Criminal Code (Canada), subsection 35 (2) of the Children's Law Reform Act or subsection 46 (2) of the Family Law Act. ("infraction de harcèlement")

First Nations police services

(2) Where an offender resides in an area where the police services are provided by a First Nations police service, references in this Act to a police force shall be read as references to a First Nations police service, with necessary modifications, and references to a police officer in this Act shall be read as references to a First Nations Constable.

Stalkers registry

2. The ministry shall establish and maintain a registry containing the names, dates of birth and addresses of offenders, the stalking offences for which, on or after the day section 3 comes into force, they are serving or have served a sentence or in respect of which they have been convicted or found not criminally responsible on account of mental disorder and such additional information as may be prescribed.

Offender required to report in person

3. (1) Every offender who is resident in Ontario shall present himself or herself at a designated bureau, police station or detachment of the police force that provides police services where he or she resides or at another place in the area where the police force provides police services designated by that police force,

(a) within 15 days after he or she is released from custody after serving the custodial portion of a sentence in respect of a stalking offence;

(b) within 15 days after he or she is convicted of a stalking offence, if the offender is not given a custodial sentence;

(c) within 15 days after he or she receives an absolute or conditional discharge in respect of a stalking offence, if he or she was found not criminally responsible with respect to the offence on account of mental disorder;

(d) within 15 days after he or she changes his or her address;

(e) within 15 days after he or she becomes resident in Ontario;

(f) within 15 days before he or she ceases to be resident in Ontario;

(g) on a day that is not later than one year after and not earlier than 11 months after he or she last presented himself or herself to a police force under clause (a), (b), (c), (d) or (e) or under subsection 7 (2); and

(h) on a day that is not later than one year after and not earlier than 11 months after he or she last presented himself or herself to a police force under clause (g).

Offender to provide information

(2) Upon presenting himself or herself under subsection (1), the offender shall provide the police force with satisfactory proof of his or her identity, his or her name, date of birth and address, and such other information as may be prescribed.

Designated places, times, days

(3) Every police force shall designate one or more bureaus, police stations, detachments or other places in the area where the police force provides police services at which offenders may present themselves for the purposes of subsections (1), 7 (2) and 9 (1), and may also designate the days and times when offenders may present themselves for those purposes.

Information submitted to ministry

4. The police force shall cause the information provided by the offender under section 3 to be recorded and, if the person authorized by the police force to record the information is satisfied that the information provided by the offender is correct, shall submit the information to the ministry in a manner approved by the ministry.

Information recorded in registry

5. (1) Upon receipt by the ministry of information submitted by a police force in accordance with section 4, the information shall be recorded in the stalkers registry.

Other information recorded in registry

(2) The ministry may at any time obtain information about an offender from any other record of information available to the ministry, or from any other source that is not a record, and may record information obtained in this manner in the stalkers registry if the information is relevant.

Offender's right to review own record

6. (1) Upon receiving a written request from an offender, a police force shall cause to be disclosed to the offender the information about the offender that is contained in the stalkers registry and cause him or her to be provided with a copy of that information.

Identification required

(2) The police force shall require satisfactory proof of the identity of the offender before a disclosure is made under subsection (1).

Offender may correct information

(3) If the offender believes any information about him or her in the stalkers registry is incorrect, he or she shall provide the police force with the correct information and, if the person authorized by the police force to record this information is satisfied that the information provided by the offender is correct, the police force shall submit the information to the ministry in a manner approved by the ministry and the stalkers registry shall be corrected accordingly.

Offender may request removal of irrelevant
information

(4) If the offender believes any information about him or her in the stalkers registry is not relevant, he or she may give the police force an explanation of why the information is not relevant and request its removal from the stalkers registry and, if the person authorized by the police force to record this information is satisfied that the information is not relevant, the police force shall submit a request for the removal of the information to the ministry in a manner approved by the ministry and the stalkers registry shall be corrected accordingly.

Reporting period

7. (1) Subject to subsections (2), (3) and (4), an offender shall comply with section 3,

(a) for five years after he or she first reports under that section, if he or she was sentenced to a term of imprisonment of one year or more for the stalking offence;

(b) for two years after he or she first reports under that section, in all other cases.

Reporting requirement in abeyance while in custody

(2) An offender who is resident in Ontario is not required to comply with section 3 while he or she is serving the custodial portion of a sentence for any offence or is detained in custody in hospital as part of a disposition under Part XX.1 of the Criminal Code (Canada), but must present himself or herself at a designated bureau, police station or detachment of the police force that provides police services where he or she resides or at another place in the area where the police force provides police services designated by that police force and comply with subsection 3 (2),

(a) within 15 days after his or her release from custody for an offence other than a stalking offence;

(b) within 15 days after he or she receives an absolute or conditional discharge, if he or she was found not criminally responsible on account of mental disorder with respect to an offence other than a stalking offence.

Reporting requirement in abeyance while residing
outside Ontario

(3) An offender who is not resident in Ontario is not required to comply with section 3 but shall comply with section 3 or resume complying with section 3, as the case may be, as provided in clause 3 (1) (d), upon becoming or again becoming resident in Ontario.

Reporting requirement ceases to apply on pardon

(4) An offender is no longer required to comply with section 3 if he or she receives a pardon for every stalking offence for which this Act would be made applicable to him or her under section 8 and if he or she provides proof of the pardon or pardons under section 9.

Application of Act

8. (1) This Act applies to every offender anywhere in Canada who,

(a) is serving a sentence for a stalking offence on the day section 3 comes into force;

(b) is convicted of a stalking offence on or after the day section 3 comes into force; or

(c) is found not criminally responsible on account of mental disorder with respect to a stalking offence on or after the day section 3 comes into force.

Exception

(2) Except as provided in subsection (3), this Act does not apply to a young person within the meaning of the Youth Criminal Justice Act (Canada).

Same

(3) This Act does apply to a young person within the meaning of the Youth Criminal Justice Act (Canada) who,

(a) is convicted of a stalking offence and receives an adult sentence within the meaning of that Act for the offence; or

(b) is found not criminally responsible on account of a mental disorder for a stalking offence for which, if convicted, the young person would have been eligible for an adult sentence.

Proof of pardon

9. (1) An offender who receives a pardon for a stalking offence may present himself or herself at a designated bureau, police station or detachment of the police force that provides police services where he or she resides or at another place in the area where the police force provides police services designated by that police force and provide the police force with proof of the pardon.

Information submitted to ministry

(2) If the person authorized by the police force to receive the proof of the pardon is satisfied that the pardon was granted to the offender, the police force shall advise the ministry of the pardon.

Offender deleted from registry upon pardon for all stalking offences

(3) If the offender has received a pardon for every stalking 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 stalkers registry.

Disclosure prohibited

10. (1) Subject to subsections (2) and (3), no person shall disclose to another person information obtained from the stalkers registry in the course of his or her duties under this Act or received in the course of his or her duties under this Act except as provided by this Act.

Exception

(2) A police force, an employee of a police force and an employee of or person authorized by the ministry for the purposes of this section shall have access to the stalkers registry at any time and may collect, retain and use information obtained from the stalkers registry for any purpose under this Act, under subsection 41 (1.1) of the Police Services Act or for crime prevention or law enforcement purposes.

Same

(3) A police force, an employee of a police force and an employee of or person authorized by the ministry for the purposes of this section may disclose information contained in the stalkers registry to another police force in or outside Canada for the purposes of this section or for crime prevention or law enforcement purposes and the other police force may collect, retain and use the information for crime prevention or law enforcement purposes.

Same

(4) Any disclosure of personal information made under subsection (2) or (3) shall be deemed to be in compliance with clause 42 (e) of the Freedom of Information and Protection of Privacy Act and clause 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.

Offences by offenders

11. (1) Every offender who, without reasonable excuse, fails to comply with this Act or provides false information under this Act is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both;

(b) for a subsequent offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both.

Offences by other persons

(2) Every person who wilfully contravenes section 10 is guilty of an offence.

Warrant for arrest

(3) If a provincial judge or justice of the peace is satisfied by information on oath that an offender is required to and has failed to comply with section 3 or 7, the provincial judge or justice of the peace may issue a warrant for the arrest of the offender for the purpose of complying with section 3 or 7.

Same

(4) After being brought, pursuant to the warrant, to a place described in subsection 3 (1) for the purpose of complying with section 3 or 7, the offender shall be released forthwith unless he or she is arrested for an offence under subsection (1) and detained for a bail hearing under the Provincial Offences Act.

Telewarrant

(5) Where a police officer believes that it would be impracticable to appear personally before a provincial judge or justice of the peace to make application for a warrant under subsection (3), he or she may, in accordance with the regulations, seek the warrant by telephone or other means of telecommunication, and the provincial judge or justice of the peace may, in accordance with the regulations, issue the warrant by the same means.

Protection from personal liability

12. (1) No action or other proceeding for damages shall be instituted against the Crown, the Solicitor General, a municipality, any police force or any person employed by or providing services to a police force or the ministry for any act or omission in the execution or intended execution of a duty or authority under this Act or for any alleged neglect or default in the execution in good faith of that duty or authority.

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person described in that subsection to which it would otherwise be subject.

Freedom of information, protection of privacy legislation

13. (1) Personal information may be collected, retained, disclosed and used in accordance with this Act, despite the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.

Same

(2) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply in respect of information collected under this Act.

Regulations

14. The Lieutenant Governor in Council may make regulations,

(a) prescribing additional information to be maintained in the stalkers registry and to be provided by offenders under section 3 or added to the stalkers registry under subsection 5 (2);

(b) prescribing the circumstances under which an offender shall be deemed to reside in Ontario or in an area in Ontario;

(d) governing applications for and the issue of warrants by telephone or other means of telecommunication for the purpose of subsection 11 (3), prescribing rules for the execution of such warrants and prescribing evidentiary rules with respect to such warrants;

(e) permitting the ministry and any other ministry or any agency, board or commission of the Government of Ontario to share information in their possession or control for the purposes of adding such information to the stalkers registry;

(f) permitting the ministry to enter into an agreement with the Government of Canada or the government of any other province or territory or any agency, board or commission of such government to permit them to share information in their possession or control for the purposes of adding such information to the stalkers registry or to a similar registry maintained by the other government;

(g) requiring that the stalkers registry be included in and form part of a specified existing record or registry of information.

Commencement

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

Short title

16. The short title of this Act is the Stalkers Registry Act, 2003.

EXPLANATORY NOTE

The Bill, modelled on the Christopher's Law (Sex Offender Registry), 2000, establishes a registry containing the names of persons who have been convicted of a stalking offence. Stalking offences are offences under section 264 of the Criminal Code (Canada) (criminal harassment), subsection 35 (2) of the Children's Law Reform Act and subsection 46 (2) of the Family Law Act (contravening restraining orders).