Bill C-336: An Act to amend the Criminal Code and the Sex Offender Information Registration Act

Short Title Short title 1 This Act may be cited as the Strengthening Reporting Obligations for Sex Offenders Act ( Noah’s Law ). R.S., c. C- 46 Criminal Code 2 Subsections 490.012(1) and (2) of the Criminal Code are replaced by the following: Order 490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, subject to subsection (2.1) , make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013. Order — if intent established (2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition designated offence in subsection 490.011(1), it shall, subject to subsection (2.1) , on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition. Order — likelihood to reoffend (2.1) Instead of making an order under subsection (1) or (2), a court may, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the reporting obligations under the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(4.1) if the prosecutor satisfies the court that the offender is likely to commit a subsequent designated offence , as defined in subsection 490.011(1), following sentencing. 3 Section 490.013 of the Act is amended by adding the following after subsection (4): Duration of order (4.1) An order made under subsection 490.012(2.1) applies for 30 years. 4 Section 490.014 of the Act is replaced by the following: Appeal 490. 014 The prosecutor, or a person who is subject to an order under subsection 490.012(2) or (2.1) , may appeal from a decision of the court under that subsection on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that subsection. 5 Subsection 490.015(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) if 20 years have elapsed since the order was made and the person has completed a sex offender treatment program approved by the province under the supervision of the court, in the case of an order referred to in subsection 490.013(4.1). 2004, c. 10 Sex Offender Information Registration Act 6 (1) Subsection 2(1) of the Sex Offender Information Registration Act is replaced by the following: Purpose 2 (1) The purpose of this Act is to protect the public and to help police services prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders. (2) Section 2 of the Act is amended by adding the following after subsection (2): Protection of the public (3) In the case of an offender who is convicted of a sexual offence against a child or of aggravated assault under section 273 of the Criminal Code , the principle described in subparagraph (2)(c)(ii) is subject to the need to protect the public. 7 (1) Paragraph 4.1(1)(c) of the Act is replaced by the following: (c) at any time between six months and seven months after they last reported to a registration centre under this Act. (2) Section 4.1 of the Act is amended by adding the following after subsection (1): Obligation to report before changing main residence (1.1) A sex offender who intends to change their main residence shall report to the registration centre referred to in section 7.1 within seven days before the date of the change. 8 Subsection 5(1) of the Act is amended by adding the following after paragraph (c): (c.1) if they intend to change their main residence, the address at which they intend to establish their new main residence, or if there is no such address, the location of that place, and the date on which it will become their main residence; 9 The Act is amended by adding the following after section 10: Notice of intention to move 10.1 (1) A person who registers information collected at a registration centre under paragraph 5(1)(c.1) shall provide that information without delay to a person who collects information at the registration centre that serves the area of the province in which the new main residence is located. Failure to report (2) If a sex offender who indicated their intention to change their main residence fails to report to the registration centre that serves the area of the province in which the new main residence is located within seven days after the date that they provided under paragraph 5(1)(c.1), a person who collects information at that registration centre shall, without delay, notify the police service for the area in which the new main residence is located that the sex offender has failed to report. 10 The Act is amended by adding the following after the heading “Offences” before section 17: Offence — failure to report 16. 1 A sex offender who, without reasonable excuse, fails to comply with section 4.1 is guilty of an offence punishable on summary conviction.