O. Reg. 396/04: GENERAL

filed December 15, 2004 under Christopher's Law (Sex Offender Registry), 2000, S.O. 2000, c. 1

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ontario regulation 396/04

made under the

Christopher’s Law (sex offender registry), 2000

Made: December 1, 2004
Filed: December 15, 2004
Printed in The Ontario Gazette: January 1, 2005

Amending O. Reg. 69/01

(General)

1. Ontario Regulation 69/01 is amended by adding the following section:

Definition of sex offence

1.1 (1) Offences under the following provisions of the Criminal Code (Canada) are prescribed as sex offences:

1. Subsection 7 (4.1) (sexual offence against children by a Canadian citizen outside Canada).

2. Section 153.1 (sexual exploitation of person with disability).

3. Subsection 163.1 (4.1) (accessing child pornography).

4. Section 172.1 (luring a child by means of a computer system).

5. Paragraph 212 (1) (i) (stupefying or overpowering for the purpose of sexual intercourse).

6. Subsection 212 (2) (living on the avails of prostitution of a person under 18).

7. Subsection 212 (2.1) (aggravated offence — living on the avails of prostitution of a person under 18).

8. Subsection 212 (4) (purchasing sexual services of a person under 18).

9. Subsection 273.3 (2) (removal of a child from Canada for sexual offence purpose).

(2) For the purpose of clause (b) of the definition of “sex offence” in section 1 of the Act, offences under the following provisions of the Criminal Code (Canada), chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, are predecessors to offences set out in clause (a) of the definition of “sex offence” in section 1 of the Act:

1. Section 144 (rape).

2. Section 145 (attempt to commit rape).

3. Section 149 (indecent assault on a female).

4. Section 156 (indecent assault on a male).

5. Subsection 246 (1) (assault with intent).

(3) For the purpose of clause (b) of the definition of “sex offence” in section 1 of the Act, offences under the following provisions of the Criminal Code (Canada), chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988, are predecessors to offences set out in clause (a) of the definition of “sex offence” in section 1 of the Act:

1. Subsection 146 (1) (sexual intercourse with a female under 14).

2. Subsection 146 (2) (sexual intercourse with a female between 14 and 16).

3. Section 153 (sexual intercourse with step-daughter).

4. Section 157 (gross indecency).

5. Section 166 (parent or guardian procuring defilement).

6. Section 167 (householder permitting defilement).

(4) Attempt to commit a sex offence under section 24 of the Criminal Code (Canada) is prescribed as a sex offence.

(5) Conspiracy to commit a sex offence under paragraph 465 (1) (c) or subsection 465 (4) of the Criminal Code (Canada) is prescribed as a sex offence.

(6) The sex offences prescribed by subsections (1), (4) and (5) apply only in respect of persons who, on or after December 15, 2004, are serving a sentence for such offence or are convicted or found not criminally responsible on account of mental disorder of such offence.

2. (1) Paragraph 4 of subsection 2 (1) of the Regulation is revoked and the following substituted:

4. The offender’s current home, personal and business telephone and fax numbers and the date when the offender started using each telephone and fax number.

(2) Subsection 2 (1) of the Regulation is amended by adding the following paragraphs:

5.1 The address of every secondary residence currently used by the offender or, if there is no address, its location.

5.2 The address of every place at which the offender is employed or retained or is engaged on a volunteer basis or, if there is no address, the location.

5.3 Every educational institution in which the offender is currently enrolled or was enrolled since his or her last registration, the address of the institution and of every place where the offender attends or attended classes or works or worked for credit or, if there is no address, the location.

(3) Paragraph 8 of subsection 2 (1) of the Regulation is revoked and the following substituted:

8. The sex offences for which, on or after April 23, 2001 or, in the case of offences prescribed by subsections 1.1 (1), (4) and (5) of this Regulation, on or after December 15, 2004, the offender is serving or has served a sentence or of which the offender has been convicted or found not criminally responsible on account of a mental disorder; a description of each such sex offence; the age and gender of each victim of each such sex offence and the victim’s relationship to the offender; the date and place where each such sex offence was committed; the police force that charged the offender for each such sex offence and the incident number assigned to the case by that police force; the date and place of conviction or of finding no criminal responsibility for each such sex offence; the sentence or disposition imposed for each such sex offence and the sentence or disposition start and end dates; the offender’s custody end date, release date or expected release date and the reason for the offender’s release or expected release; whether the conviction, sentence or disposition is being appealed.

8.1 Whether an order to comply with registration requirements has been issued to the offender under section 490.012 of the Criminal Code (Canada) and if so, the date, duration and issuing court of the order, whether the order is being appealed under section 490.014 of the Criminal Code (Canada) and if so, the outcome of the appeal.

8.2 Whether a notice of obligation to comply with registration requirements has been served on the offender under section 490.02 of the Criminal Code (Canada) and if so, the date the notice was served, the name of the person who served it and the duration of the order.

8.3 Whether the offender has applied for an exemption order under section 490.023 of the Criminal Code (Canada) and if so, the date of the application, the outcome of the application, whether the decision made on the application is being appealed under section 490.024 of the Criminal Code (Canada) and if so, the outcome of the appeal.

8.4 Whether the offender has applied for a termination order under section 490.015 or 490.026 of the Criminal Code (Canada) and if so, the date of the application, the outcome of the application, whether the decision made on the application is being appealed under section 490.017 or 490.029 of the Criminal Code (Canada) and if so, the outcome of the appeal.

8.5 Every unsuccessful request made by the offender to correct information in the database maintained under the Sex Offender Information Registration Act (Canada) pursuant to section 12 of that Act, including a description of the information sought to be corrected and of the proposed corrected information and the date of the request.

(4) Subsection 2 (1) of the Regulation is amended by adding the following paragraphs:

13. The date on which confirmation is received by the sex offender registry that information contained in the sex offender registry has been included in the database maintained under the Sex Offender Information Registration Act (Canada).

14. Whether a person who was reporting to a registration centre under the Sex Offender Information Registration Act (Canada) was required to provide fingerprints under subsection 9 (2) of that Act and if so, the date of the request, the date the fingerprints were provided, any information determined respecting those fingerprints by the person who collects information under that Act, whether the fingerprints taken were destroyed under subsection 9 (3) of that Act and, if they were destroyed, the date of the destruction.

3. Section 7 of the Regulation is revoked and the following substituted:

Registry shared with federal database

7. The ministry may enter into an agreement with the federal government to share the information in the sex offender registry for the purpose of adding it to the database maintained under the Sex Offender Information Registration Act (Canada).

4. Forms 1 and 2 of the Regulation are revoked and the following substituted:

Form 1
INFORMATION IN SUPPORT OF WARRANT UNDER SUBSECTION 11 (3) OF THE ACT

Christopher’s Law (Sex Offender Registry), 2000

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