[39] Bill 16 Royal Assent (PDF)
Bill 16 2008
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 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:
1. (1) The definition of "ministry" in subsection 1 (1) of Christopher's Law (Sex Offender Registry), 2000 is repealed and the following substituted:
"ministry" means the Ministry of Community Safety and Correctional Services; ("ministère")
(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) and by adding the following clause:
(b.1) an offence referred to in paragraph (b) or (f) of the definition of "designated offence" in subsection 490.011 (1) of the Criminal Code (Canada) in respect of which an order in Form 52 has been or is made under subsection 490.012 (2) of that Act, or
(3) Section 1 of the Act is amended by adding the following subsection:
Custodial portion of a sentence
(3) For the purposes of this Act, the custodial portion of a sentence does not include the portion of the sentence served on parole.
2. (1) Subsection 3 (1) of the Act is amended by adding the following clause:
(a.0.1) within 15 days after he or she is released from custody on parole in respect of a sex offence;
(2) Subsection 3 (1) of the Act is amended by adding the following clauses:
(a.2) within 15 days after he or she is ordered to serve the custodial portion of the sentence in respect of a sex offence intermittently;
(a.3) within 15 days after he or she is released from custody pending the determination of an appeal in relation to a sex offence;
(3) Subsection 3 (1) of the Act is amended by adding the following clause:
(c.1) within 15 days after he or she changes his or her name;
(4) Clause 3 (1) (f) of the Act is repealed and the following substituted:
(f) 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 any of clauses (a) to (d) or under subsection 7 (2); and
(5) Subsections 3 (4) and (5) of the Act are repealed and the following substituted:
Notice of obligation to report
(4) Every police force shall make reasonable efforts to ensure that it gives written notice of the obligation to report under subsection (1) to every person charged by the police force with a sex offence, at the time he or she is so charged.
Same
(5) The ministry shall make reasonable efforts to ensure that it, or another person or entity, gives written notice of the obligation to report under subsection (1) to every person convicted of a sex offence or found not criminally responsible of a sex offence on account of mental disorder, after the person is so convicted or found.
Same
(6) The notice required by subsections (4) and (5) shall be in a form approved by the ministry.
3. (1) Section 4 of the Act is amended by adding the following subsection:
Verification of address
(2) The police force shall make reasonable efforts to verify an offender's address, as provided to the police force by the offender, at least once after the offender last presented himself or herself to the police force under subsection 3 (1).
(2) Section 4 of the Act is amended by adding the following subsection:
Same – unescorted release from designated hospitals
(3) When a police force is notified by a hospital, as defined in subsection 672.1 (1) of the Criminal Code (Canada), that the person in charge of the hospital has given an offender who has been found not criminally responsible of a sex offence on account of mental disorder and who has been detained in the hospital pursuant to a disposition made under Part XX.1 of the Criminal Code (Canada) permission to be released unescorted from the hospital, the police force shall forthwith submit the information to the ministry in a manner approved by the ministry.
4. The Act is amended by adding the following section:
Reports of unescorted temporary absence passes, leaves
4.1 (1) If an offender who is an inmate of a correctional institution is authorized to be released from the institution on an unescorted temporary absence pass, the correctional institution shall, within 24 hours before the inmate is released, notify the ministry,
(a) that an unescorted temporary absence pass has been granted to the offender;
(b) of the proposed dates of the offender's release under the pass and of his or her return to the institution; and
(c) of any relevant information about the offender's proposed activities and whereabouts for the duration of his or her release under the pass.
Same – young persons
(2) If an offender who is a young person serving any portion of his or her sentence in a youth custody facility is authorized under section 91 of the Youth Criminal Justice Act (Canada) to be released from the facility on an unescorted leave, the facility shall, within 24 hours before the young person is released, notify the ministry,
(a) that an unescorted leave has been granted to the offender;
(b) of the proposed dates of the offender's release under the leave and of his or her return to the facility; and
(c) of any relevant information about the offender's proposed activities and whereabouts for the duration of his or her release under the leave.
Cancellation, suspension of passes, leaves
(3) The correctional institution or youth custody facility shall also notify the ministry forthwith if an unescorted temporary absence pass or leave is cancelled or suspended, or if the offender is declared unlawfully at large.
Manner of notification
(4) The notification required by subsections (1), (2) and (3) must be given in a manner approved by the ministry.
Definitions
(5) In this section,
"correctional institution" and "inmate" have the same meanings as in section 1 of the Ministry of Correctional Services Act; ("établissement correctionnel", "détenu")
"youth custody facility" means a place of open custody or a place of secure custody, as defined in section 88 of the Child and Family Services Act. ("lieu de garde")
5. Subsection 5 (1) of the Act is amended by adding "or by a correctional institution or youth custody facility in accordance with section 4.1" after "section 4".
6. Section 8 of the Act is amended by adding the following subsections:
Application of new reporting requirement
(1.1) Despite subsection (1), clause 3 (1) (a.2) applies to every offender anywhere in Canada who is ordered, on or after the day this subsection comes into force, to serve a sentence described in that clause.
Same
(1.2) Despite subsection (1), clauses 3 (1) (a.0.1) and (a.3) apply to every offender anywhere in Canada who is released from custody as described in clause 3 (1) (a.0.1) or (a.3), as the case may be, on or after the day this subsection comes into force.
Same
(1.3) Despite subsection (1), clause 3 (1) (c.1) applies to every offender anywhere in Canada who changes his or her name on or after the day this subsection comes into force.
Same
(1.4) 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 is, on or after the day this subsection comes into force, subject to an order in Form 52 made under subsection 490.012 (2) of the Criminal Code (Canada) for as long as such order is in force.
7. Subsection 12 (1) of the Act is repealed and the following substituted:
Protection from personal liability
(1) No action or other proceeding for damages shall be instituted against the Crown, the Minister of Community Safety and Correctional Services, a municipality, a police force, a correctional institution, any person employed by or providing services to a police force or correctional institution or any person employed in or providing services to 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.
8. Clause 14 (b) of the Act is repealed and the following substituted:
(b) prescribing additional information to be maintained in the sex offender registry and to be provided by offenders under section 3, by a police force under subsection 4 (3) or by a correctional institution or youth custody facility under section 4.1, or added to the sex offender registry under subsection 5 (2);
Commencement
9. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
10. The short title of this Act is the Christopher's Law (Sex Offender Registry) Amendment Act, 2008.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 16 and does not form part of the law. Bill 16 has been enacted as Chapter 3 of the Statutes of Ontario, 2008.
Christopher's Law (Sex Offender Registry), 2000 provides for the establishment and maintenance of a provincial sex offender registry and requires persons convicted of a sex offence or found not criminally responsible of a sex offence on account of mental disorder to register in person at their local police station on certain triggering events (for example, upon being released from custody for a sex offence) and annually thereafter.
The Bill amends the Act as follows:
It imposes an obligation to report on persons who are convicted of certain "designated offences", as defined in subsection 490.011 (1) of the Criminal Code (Canada), and who are subject to an order in Form 52 under the Criminal Code (Canada) to report under the Sex Offender Information Registration Act (Canada).
It adds the following situations that will trigger a reporting obligation: being released from custody on parole in respect of a sex offence; being ordered to serve a sentence for a sex offence intermittently; being released from custody pending the determination of an appeal in relation to a sex offence; and changing one's name.
It requires the following information to be added to the sex offender registry: information from a provincial correctional institution or youth custody facility that an offender is about to be released on an unescorted temporary absence pass or leave, and information about his or her whereabouts during the release and about the termination of the pass or leave; information from a designated hospital under Part XX.1 of the Criminal Code (Canada) that an offender who was found not criminally responsible of a sex offence on account of mental disorder is about to be released unescorted from the hospital.
It requires police forces to attempt to verify an offender's address at least once every year.
It provides that persons charged with a sex offence and offenders should be given notice of the obligation to report under the Act.
A housekeeping amendment is made to the Act to change the name of the Ministry, which was the Ministry of the Solicitor General when the Act was enacted in 2000, to its current name, the Ministry of Community Safety and Correctional Services.