[38] Bill 73 Original (PDF)
Bill 73 2005
An Act to protect our children from sexual predators by amending Christopher's Law (Sex Offender Registry), 2000
Note: This Act amends Christopher's Law (Sex Offender Registry), 2000, which has not previously been amended.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) The definition of "offender" in subsection 1 (1) of Christopher's Law (Sex Offender Registry), 2000 is repealed and the following substituted:
"offender" means a person,
(a) who has been convicted of an offence described in clause (a), (b) or (c) of the definition of "sex offence" in this subsection,
(b) who has been found not criminally responsible of an offence described in clause (a), (b) or (c) of the definition of "sex offence" in this subsection on account of mental disorder, or
(c) who is resident in Ontario and who,
(i) has been convicted of an offence described in clause (d) of the definition of "sex offence" in this subsection, or
(ii) has been found not criminally responsible of an offence described in clause (d) of the definition of "sex offence" in this subsection on account of mental disorder; ("délinquant")
(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), by adding "or" at the end of clause (c) and by adding the following clause:
(d) an offence in a jurisdiction outside Canada that is prescribed if, in the opinion of the ministry, the offence is equivalent to an offence described in clause (a), (b) or (c); ("infraction sexuelle")
2. Section 2 of the Act is amended by adding the following subsection:
Exception
(2) Nothing in subsection (1) requires the ministry to include in the sex offender registry information about a person described in clause (c) of the definition of "offender" in subsection 1 (1) unless the ministry has knowledge that the person is resident in Ontario.
3. Subsection 8 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Application of Act
(1) This Act applies to every offender anywhere in Canada or in a jurisdiction outside Canada that is prescribed who,
. . . . .
4. (1) Subsection 10 (1) of the Act is amended by striking out "(2) and (3)" and substituting "(2), (3) and (3.1)".
(2) Section 10 of the Act is amended by adding the following subsection:
Access by public
(3.1) Subject to the prescribed limitations, if any, a person is entitled, at no charge, to inspect the sex offender registry and to make copies of any part of the registry if the person follows the prescribed procedure.
(3) Subsection 10 (4) of the Act is amended by striking out "(2) or (3)" and substituting "(2), (3) or (3.1)".
5. Section 14 of the Act is amended by adding the following clauses:
(a.1) prescribing a jurisdiction outside Canada for the purpose of clause (d) of the definition of "sex offence" in subsection 1 (1) and for the purpose of subsection 8 (1);
. . . . .
(d.1) prescribing limitations and a procedure for the purpose of subsection 10 (3.1);
Commencement
6. This Act comes into force on the day it receives Royal Assent.
Short title
7. The short title of this Act is the Christopher's Law (Sex Offender Registry) Amendment Act, 2005.
EXPLANATORY NOTE
The Bill amends Christopher's Law (Sex Offender Registry), 2000 so that the sex offender registry will cover a person who, to the knowledge of the Ministry under the Act, is resident in Ontario and who is an offender with respect to a sex offence in a jurisdiction outside Canada if the Ministry considers the offence equivalent to a sex offence in Canada and if the regulations made under the Act prescribe the jurisdiction.
Subject to the limitations prescribed by the regulations, any person, not just an employee of a police force or the Ministry as at present, is entitled, at no charge, to inspect the sex offender registry and to make copies of any part of the registry.