e-4460 (Justice)

The Sex Offender Information Registration Act (SOIRA) establishes reporting obligations for a registered sex offender in relation to a change of residence.

On October 26, 2023, Bill S-12 came into force, ensuring the National Sex Offender Registry can continue to be an effective tool to prevent and investigate crimes of a sexual nature.

Under section 4.1(1)(a) of the SOIRA, an offender subject to a SOIRA order is obligated to report to a registration centre any change in their main residence or secondary residence within seven days. If an offender fails to report in accordance with section 4.1(1)(a) of the SOIRA, they can be charged under section 490.031(1) of the Criminal Code for failure to comply with their SOIRA order. This is a hybrid offence, meaning it can be prosecuted by summary conviction (a less serious offence), or by indictment (a more serious offence). The maximum penalty for this offence is a maximum fine of $10,000.00 or a term of imprisonment of 2 years less a day imprisonment if prosecuted by summary conviction, or a maximum fine of $10,000.00 or a term of 2 years if prosecuted by indictment.

While failure to report continues to be an offence under the Criminal Code, Bill S-12 also introduced a new warrant provision that permits a peace officer to arrest a person who is non-compliant with their obligations under sections 4 to 5.1 of the Sex Offender Information Registration Act in order to bring them to a registration centre and provide them with the opportunity to comply. If the offender still fails to comply they could then be charged under section 490.031(1) of the Criminal Code for failure to comply, as noted above.

Sexual offences, particularly against children, are amongst the most egregious crimes. Protecting persons in Canada from sexual offenders is a top priority for the Government.

Bill S-12, An Act to amend the Criminal Code,the Sex Offender Information Registration Act and the International Transfer of Offenders Act, came into force on October 26, 2023. It responds directly to a Supreme Court of Canada decision and strengthens the National Sex Offender Registry.

This legislation aims to ensure that everyone in Canada – survivors of sexual assault and their families in particular – can feel safe and have confidence in our criminal justice system, knowing that tools are in place for police to prevent and investigate sexual crimes.

Under these recent reforms:

• anyone convicted of a sexual offence against a child, when prosecuted by indictment and sentenced to two years or more in prison, as well as any repeat sexual offender, will be automatically required to register on the National Sex Offender Registry;
• all other sexual offenders will also be required to register, unless they can demonstrate to a judge that they pose no risk to the community; and,
• judges will be able to impose lifetime registration for sexual offenders who are found guilty of more than one offence at the same time, if the pattern of offending demonstrates a risk of reoffending.

The legislation also aims to strengthen the National Sex Offender Registry as a law enforcement tool in many other ways, including by adding five new designated offences for which an individual can be added to the Registry, including the non-consensual distribution of intimate images, so called “sextortion”, and aggravated sexual assault of a person under 16.

In addition, the legislation created a compliance warrant scheme authorizing police to seek a warrant to arrest an offender who is non-compliant with their Sex Offender Information Registration Act (SOIRA) obligation and bring them to a registration center to facilitate compliance. If an offender complies, a charge for non-compliance is precluded.

The legislation now also contains a summons provision to permit courts to compel an offender to return to court for a consideration of their SOIRA obligation in situations where this issue was not considered at sentencing. Further, under the legislation, registered offenders are required to provide law enforcement with at least 14 days’ notice and a specific address of destination when travelling, when possible.

Finally, the legislation empowers survivors and victims of crime by giving them greater voice and agency in the criminal justice process, namely through amended publication ban provisions and enhanced access to information.

The Government will do everything in its power to protect persons in Canada, especially the most vulnerable, and to help give a voice to the victims.