Christopher's Law (Sex Offender Registry), 2000, S.O. 2000, C. 1

Français

Christopher’s Law (Sex Offender Registry), 2000

S.O. 2000, CHAPTER 1

Consolidation Period: From May 7, 2018 to the e-Laws currency date.

Last amendment: 2018, c. 6, Sched. 3, s. 5.

Legislative History: 2006, c. 19, Sched. D, s. 3; 2006, c. 34, Sched. C, s. 22; 2008, c. 3; 2009, c. 33, Sched. 9, s. 2; 2011, c.8; 2017, c. 14, Sched. 4, s. 5; 2018, c. 3, Sched. 5, s. 7; 2018, c. 6, Sched. 3, s. 5.

Preamble

The people of Ontario believe that there is a need to ensure the safety and security of all persons in Ontario and that police forces require access to information about the whereabouts of sex offenders in order to assist them in the important work of maintaining community safety. The people of Ontario further believe that a registry of sex offenders will provide the information and investigative tools that their police forces require in order to prevent and solve crimes of a sexual nature.

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

Note: On a day to be named by proclamation of the Lieutenant Governor, the preamble to the Act is amended by striking out “police forces” wherever it appears and substituting in each case “police services”. (See: 2018, c. 3, Sched. 5, s. 7 (1))

Definitions

1 (1)In this Act,

“ministry” means the Ministry of Community Safety and Correctional Services; (“ministère”)

“offender” means a person,

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

(b) who has been found not criminally responsible of a sex offence on account of mental disorder; (“délinquant”)

“pardon” means,

(a) a free pardon granted under Her Majesty’s royal prerogative of mercy,

(b) a free pardon granted under section 748 of the Criminal Code (Canada), or

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

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “police force” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2018, c. 3, Sched. 5, s. 7 (2))

“police service” means a police service as defined under the Police Services Act, 2018; (“service de police”)

“prescribed” means prescribed by regulation made under this Act; (“prescrit”)

“sex offence” means,

(a) an offence under section 151 (sexual interference), 152 (invitation to sexual touching), subsection 153 (1) (sexual exploitation), 155 (1) (incest), 160 (1), (2) or (3) (bestiality), 163.1 (2), (3) or (4) (child pornography), section 170 (parent or guardian procuring sexual activity), subsection 173 (2) (exposure), section 271 (sexual assault), subsection 272 (1) (sexual assault with a weapon, threats to a third party or causing bodily harm) or section 273 (aggravated sexual assault) of the Criminal Code (Canada),

(b) an offence under a predecessor or successor to a provision set out in clause (a),

(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,

(b.2) an offence in respect of which a person is subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act (Canada),

(b.3) an offence in respect of which a person is subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada), or

“sex offender registry” means the registry established under section 2. (“registre des délinquants sexuels”) 2000, c.1, s.1(1); 2008, c.3, s.1(1, 2); 2009, c.33, Sched.9, s.2 (1); 2011, c.8, s.1.

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. 2000, c.1, s.1(2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (2) of the Act is repealed and the following substituted: (See: 2018, c. 3, Sched. 5, s. 7 (3))

First Nation policing

(2)Where an offender resides in an area where policing is provided by First Nation Officers, references in this Act to a police service shall be read as references to the First Nation Officers who provide policing, with necessary modifications, and references to a police officer in this Act shall be read as references to a First Nation Officer. 2018, c. 3, Sched. 5, s. 7 (3).

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. 2008, c.3, s.1(3).

Section Amendments with date in force (d/m/y)

2008, c. 3, s. 1 (1-3) - 05/12/2008

2009, c. 33, Sched. 9, s. 2 (1) - 15/12/2009

2011, c. 8, s. 1 (1, 2) - 20/06/2011

2018, c. 3, Sched. 5, s. 7 (2, 3) - not in force

Sex offender registry

2 The ministry shall establish and maintain a registry containing the names, dates of birth and addresses of offenders, the sex offences for which, on or after the day section 3 comes into force, they are serving or have served a sentence or of which they have been convicted or found not criminally responsible on account of mental disorder and such additional information as may be prescribed. 2000, c.1, s.2.

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,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2018, c. 3, Sched. 5, s. 7 (4))

Offender required to report in person

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

(a) within the prescribed period after he or she is released from custody after serving the custodial portion of a sentence in respect of a sex offence;

(a.0.1) within the prescribed period after he or she is released from custody on parole in respect of a sex offence;

(a.1) within the prescribed period after he or she is convicted of a sex offence, if the offender is not given a custodial sentence;

(a.2) within the prescribed period after he or she is ordered to serve the custodial portion of the sentence in respect of a sex offence intermittently;

(a.3) within the prescribed period after he or she is released from custody pending the determination of an appeal in relation to a sex offence;

(b) within the prescribed period after he or she receives an absolute or conditional discharge in respect of a sex offence, if he or she was found not criminally responsible of the offence on account of mental disorder;

(c.1) within the prescribed period after he or she changes his or her name;

(d) within the prescribed period after he or she becomes resident in Ontario;

(e) within the prescribed period before he or she ceases to be resident in Ontario;

(e.1) within the prescribed period after he or she becomes subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act (Canada);

(e.2) within the prescribed period after he or she becomes subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada);

(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

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3 (1) (f) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2018, c. 3, Sched. 5, s. 7 (5))

(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 (f). 2000, c.1, s.3(1); 2000, c.1, s.3(4, 5); 2008, c.3, s.2(1-4); 2009, c.33, Sched.9, s.2 (2); 2011, c.8, s.2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3 (1) (g) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2018, c. 3, Sched. 5, s. 7 (6))

Transition

(1.1)Clauses (1) (a) to (e.2) apply only if the event referred to in them occurs on or after the day this subsection came into force. 2011, c.8, s.2 (2).

Same

(1.2)Clauses (1) (a) to (e), as they read before the day this subsection came into force, continue to apply if the event referred to in them occurred before the day this subsection came into force. 2011, c.8, s.2 (2).

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. 2000, c.1, s.3(2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3 (2) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2018, c. 3, Sched. 5, s. 7 (7))

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 subsection (1), subsection 7 (2) and subsection 9 (1), and may also designate the days and times when offenders may present themselves for those purposes. 2000, c.1, s.3(3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3 (3) of the Act is repealed and the following substituted: (See: 2018, c. 3, Sched. 5, s. 7 (8))

Designated places, times, days

(3)Every police service shall designate one or more bureaus, police stations, detachments or other places in the area where the police service provides policing at which offenders may present themselves for the purposes of subsection (1), subsection 7 (2) and subsection 9 (1), and may also designate the days and times when offenders may present themselves for those purposes. 2018, c. 3, Sched. 5, s. 7 (8).

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. 2008, c.3, s.2(5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3 (4) of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2018, c. 3, Sched. 5, s. 7 (9))

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. 2008, c.3, s.2(5).

Same

(6)The notice required by subsections (4) and (5) shall be in a form approved by the ministry. 2008, c.3, s.2(5).

Section Amendments with date in force (d/m/y)

2000, c. 1, s. 3 (4, 5) - 23/04/2001

2008, c. 3, s. 2 (1-5) - 05/12/2008

2009, c. 33, Sched. 9, s. 2 (2) - 15/12/2009

2011, c. 8, s. 2 (1, 2) - 20/06/2011

2018, c. 3, Sched. 5, s. 7 (4-9) - not in force

Information submitted to ministry

4 (1)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. 2000, c.1, s.4.

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). 2008, c.3, s.3(1).