Bill 128, Christopher's Statute Law Amendment Act (Sex Offender Registry and Electronic Sexual Material), 2008

Versions

Bill 128 2008

An Act to protect our children from sexual predators and exposure to electronic forms of sexual material by amending Christopher's Law (Sex Offender Registry), 2000 and other Acts

This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on 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:

Christopher's Law (Sex Offender Registry), 2000

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 (1) The definition of "offender" in subsection 1 (1) of Christopher's Law (Sex Offender Registry), 2000 is repealed and the following substituted: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

(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) If, on the day this subsection comes into force, subsection 1 (2) of Christopher's Law (Sex Offender Registry) Amendment Act, 2008 is not in force, 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);

(3) On the later of the day this subsection comes into force and the day subsection 1 (2) of Christopher's Law (Sex Offender Registry) Amendment Act, 2008 comes into force, 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), 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), (b.1) or (c);

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);

Education Act

6. Section 230 of the Education 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) contravenes section 321, 322 or 323.

7. The Act is amended by adding the following Part:

Part XIII.2
Prohibiting access to Electronic forms of sexual material

Blocking access to sexual material

321. (1) In this section,

"sexually explicit material" means material of which a principal feature or characteristic is the nudity or partial nudity of any person and that is designed to appeal to erotic or sexual appetites or inclinations.

Same

(2) A board shall ensure that every school of the board has in place technology measures on all of the school's computers to which a minor may have access that,

(a) block access on the Internet to any material, including written material, pictures and recordings, that is obscene within the meaning of subsection 163 (8) of the Criminal Code (Canada) or sexually explicit or that constitutes child pornography within the meaning of section 163.1 of the Criminal Code (Canada); and

(b) block access to any form of electronic communication, including electronic mail and chat rooms, if the communication could reasonably be expected to expose a minor to any material, including written material, pictures and recordings, that is obscene within the meaning of subsection 163 (8) of the Criminal Code (Canada) or sexually explicit or that constitutes child pornography within the meaning of section 163.1 of the Criminal Code (Canada).

Severability

(3) Technology measures that a school adopts under subsection (2) do not contravene that subsection if they comply with that subsection and, in addition, allow access on the Internet to material that does not contravene clause (2) (a) or allow access to any form of electronic communication that does not contravene clause (2) (b).

Blocking access to unauthorized material

322. (1) A board shall ensure that every school of the board has in place technology measures on all of the school's computers to which a minor may have access that block access to any site on the Internet or to any form of electronic communication, including electronic mail and chat rooms, if,

(a) the school has not authorized users of the computers to access the site or the communication; or

(b) the site or the communication could reasonably be expected to contain material that includes personal information within the meaning of the Freedom of Information and Protection of Privacy Act about a minor.

Policy for authorized access

(2) A board shall ensure that,

(a) every school of the board has a policy to determine what minors or class of minors are authorized to use the school's computers to access what sites on the Internet and what forms of electronic communication, including electronic mail and chat rooms;

(b) the policy described in clause (a) meets the requirements, if any, prescribed by the regulations; and

(c) every school of the board publishes a notice setting out the policy described in clause (a) in conspicuous places in the school, as the school determines and the regulations require.

Monitoring electronic access by minors

323. A board shall ensure that every school of the board,

(a) monitors the use by minors of any or all of the school's computers to access the Internet or any form of electronic communication, including electronic mail or chat rooms for the purpose of allowing the board to determine whether it has met its obligations under section 321 or 322; and

(b) has in place technology measures that permit the school to perform the monitoring described in clause (a).

Regulations

324. (1) The Minister may make regulations,

(a) specifying standards that technology measures must meet for a board to comply with its requirements in section 321, 322 or 323;

(b) prescribing or specifying anything that this Part describes as being prescribed or required in the regulations.

General or specific application

(2) A regulation made under this section may be of general application or specific to any person, persons, thing or things or class or classes in its application.

Classes

(3) A class described in the regulations made under this section may be described according to any characteristic or combination of characteristics and may be described to include or exclude any specified member, whether or not with the same characteristics.

Public Libraries Act

8. Part III of the Public Libraries Act is amended by adding the following sections:

Blocking access to sexual material

38.1 (1) In this section,

Same

(2) A board shall ensure that every library under its jurisdiction has in place technology measures on all of the library's computers to which a minor may have access that,

Severability

(3) Technology measures that a library adopts under subsection (2) do not contravene that subsection if they comply with that subsection and, in addition, allow access on the Internet to material that does not contravene clause (2) (a) or allow access to any form of electronic communication that does not contravene clause (2) (b).

Blocking access to unauthorized material

38.2 (1) A board shall ensure that every library under its jurisdiction has in place technology measures on all of the library's computers to which a minor may have access that block access to any site on the Internet or to any form of electronic communication, including electronic mail and chat rooms, if,

(a) the library has not authorized users of the computers to access the site or the communication; or

Policy for authorized access

(2) A board shall ensure that,

(a) every library under its jurisdiction has a policy to determine what minors or class of minors are authorized to use the library's computers to access what sites on the Internet and what forms of electronic communication, including electronic mail and chat rooms;

(b) the policy described in clause (a) meets the prescribed requirements, if any; and

(c) every library under its jurisdiction publishes a notice setting out the policy described in clause (a) in conspicuous places in the library, as the library determines and the regulations require.

Monitoring electronic access by minors

38.3 A board shall ensure that every library under its jurisdiction,

(a) monitors the use by minors of any or all of the library's computers to access the Internet or any form of electronic communication, including electronic mail or chat rooms for the purpose of allowing the board to determine whether it has met its obligations under section 38.1 or 38.2; and

(b) has in place technology measures that permit the library to perform the monitoring described in clause (a).

Minister's regulations

38.4 (1) The Minister may make regulations,

(a) specifying standards that technology measures must meet for a board to comply with its requirements in section 38.1, 38.2 or 38.3;

(b) specifying anything that section 38.2 describes as being prescribed or required in the regulations.

General or specific application

(2) A regulation made under this section may be of general application or specific to any person, persons, thing or things or class or classes in its application.

Classes

Commencement and Short Title

Commencement

9. This Act comes into force on the day it receives Royal Assent.

Short title

10. The short title of this Act is the Christopher's Statute Law Amendment Act (Sex Offender Registry and Electronic Sexual Material), 2008.

EXPLANATORY NOTE

The Bill amends a number of Acts to protect minors from sex offenders or exposure to sexual material in electronic form.

Christopher's Law (Sex Offender Registry), 2000

The Bill amends the Act 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 made under the Act, 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.

Education Act

Every school board is required to ensure that every school of the board has in place technology measures on all of the school's computers to which a person under the age of 18 years has access. The technology measures must do the following:

1. They must block access on the Internet to any material, including written material, pictures and recordings, that is obscene or sexually explicit or that constitutes child pornography.

2. They must block access to any form of electronic communication, including electronic mail and chat rooms, if the communication could reasonably be expected to expose a person under the age of 18 years to any material, including written material, pictures and recordings, that is obscene or sexually explicit or that constitutes child pornography.

3. They must block access to any site on the Internet or to any form of electronic communication, including electronic mail and chat rooms, if the school has not authorized users of the computers to access the site or the communication or if the site or the communication could reasonably be expected to contain material that includes personal information about a person under the age of 18 years.

A school is required to have a policy on who are authorized to use its computers to which a person under the age of 18 years has access and to monitor the use that persons under the age of 18 years make of those computers.

Public Libraries Act

The Bill amends the Public Libraries Act to make amendments that are similar to those that the Bill makes to the Education Act, except that the duties of a school board are those a board with respect to every library under its jurisdiction and the duties of a school are those of a public library.