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MINUTES OF PROCEEDINGS
 
Meeting No. 76
 
Tuesday, October 28, 2003
 

The Standing Committee on Justice and Human Rights met at 9:06 a.m. this day, in Room 705 La Promenade Building, the Vice-Chair, John McKay, presiding.

 

Members of the Committee present: Chuck Cadman, Hedy Fry, Marlene Jennings, Christian Jobin, Derek Lee, Paul Harold Macklin, John Maloney, Inky Mark, John McKay, Lorne Nystrom, Pat O'Brien, Andy Scott, Kevin Sorenson and Vic Toews.

 

Acting Members present: Jocelyne Girard-Bujold for Robert Lanctôt and Randy White for Garry Breitkreuz.

 

In attendance: Library of Parliament: Philip Rosen, Principal; Robin MacKay, Analyst. House of Commons: Joann Garbig, Legislative Clerk; Jeffrey LeBlanc, Legislative Clerk.

 

By Special Invitation, the Committee met with the Honourable Ding-Nan Chen, Minister of Justice from Taïwan and Thomas T.P. Chen, Representative, Taïpei Economic and Cultural Office, Canada.

 

Witnesses: Department of the Solicitor General: Mary E. Campbell, Acting Director General, Corrections and Criminal Justice Directorate; Clifford Yumansky, Senior Policy Advisor, Corrections Policy Division. Department of Justice: Douglas Hoover, Counsel, Criminal Law Policy Section; William C. Bartlett, Senior Counsel, Criminal Law Policy Section; Joanne Klineberg, Counsel, Criminal Law Policy Section.

 

At 9:30 a.m., the sitting was suspended.

At 9:37 a.m., the sitting resumed.

 

Andy Scott took the Chair.

 
Pursuant to the Order of Reference of Tuesday, April 8, 2003, the Committee resumed consideration of Bill C-23, An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts.
 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 2, be amended(a) by replacing line 18 on page 1 with the following:

“( b ) the collection and registration of accu-”

(b) by replacing, in the French version, line 23 on page 1 with the following:

c ) le respect de la vie privée des délinquants sexuels et”

(c) by replacing lines 28 and 29 on page 1 with the following:

“ crimes that there are reasonable grounds to suspect are of a sexual nature, and”

Clause 2, as amended, carried on division.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 3, be amended(a) by deleting lines 5 and 6 on page 2;

(b) by replacing lines 8 to 17 on page 2 with the following:

“ tains the information that is registered under this Act.

“information” includes characteristics recorded and photographs taken under subsection 5(3) and fingerprints taken under subsection 9(2).

“main residence” means the place in Canada where a person lives most often or, if there is no such place, the place in Canada where they may be found most often.”

(c) by replacing line 26 on page 2 and lines 1 to 5 on page 3 with the following:

“Ontario Act” has the same meaning as in subsection 490.011(1) of the Criminal Code .

“order” means an order under section 490.012 of the Criminal Code .

“person who collects information” means a person who is authorized under paragraph 18(1)( b ) or subsection 19(1) to collect information.

“person who registers information” means a person who is authorized under paragraph 18(1)( c ) or subsection 19(1) to register information.

“registration centre” means a place that is designated as a registration centre under paragraph 18(1)( d ) or subsection 19(1).”

(d) by replacing, in the English version, line 8 on page 3 with the following:

“ into with an individual, or with their em-”

(e) by replacing lines 11 to 13 on page 3 with the following:

““secondary residence” means a place in Canada, other than a main residence, where a person regularly lives.”

(f) by replacing line 15 on page 3 with the following:

“ ject to one or more orders or to an obligation under section 490.019 of the Criminal Code .”

(g) by replacing, in the French version, line 21 on page 3 with the following:

“nature sexuelle ou qu'une personne commet avec l'intention”

Clause 3, as amended, carried on division.

 

At 10:01 a.m., John McKay took the Chair.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 4, be amended(a) by replacing line 23 on page 3 and lines 1 to 16 on page 4 with the following:

4. (1) A sex offender shall report, for the first time under this Act, in person to the registration centre that serves the area in which their main residence is located.

(2) A person who is subject to an order shall report within 15 days after

( a ) the order is made, if they are convicted of the offence in connection with which the order is made but are not given a custodial sentence;

( b ) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code , if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made;

( c ) they are released from custody pending the determination of an appeal relating to the offence in connection with which the order is made; or

( d ) they are released from custody after serving the custodial portion of a sentence for the offence in connection with which the order is made.

(3) A person who is subject to an obligation under section 490.019 of the Criminal Code shall report,

( a ) if they are not in custody on the day on which they become subject to the obligation, within 15 days after that day; or

( b ) in any other case, within 15 days after

(i) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code ,

(ii) they are released from custody pending the determination of an appeal, or

(iii) they are released from custody after serving the custodial portion of a sentence.

(4) A sex offender shall not leave Canada before they report under this section.

4.1 A sex offender shall subsequently report to the registration centre that serves the area in which their main residence is located in person or in accordance with regulations made under paragraph 18(1)( a ) or subsection 19(1),

( a ) within 15 days after they change their main residence or any secondary residence;”

(b) by replacing lines 21 to 31 on page 4 with the following:

“centre under this Act.

4.2 (1) If a person who is subject to an obligation under section 490.019 of the Criminal Code becomes subject to an order, they shall report on the reporting dates established under the order only.

(2) A person who is subject to more than one order shall report on the reporting dates established under the most recent order only.

4.3 A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than 15 days after they return to Canada.”

Clause 4, as amended, carried on division.

 

At 10:11 a.m., Andy Scott took the Chair.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 5, be amended(a) by replacing, in the English version, line 32 on page 4 with the following:

5. (1) When a sex offender reports to a”

(b) by replacing, in the English version, lines 36 and 37 on page 4 with the following:

“( a ) their given name and surname, and every alias that they use;”

(c) by replacing line 39 on page 4 and lines 1 to 7 on page 5 with the following:

“( c ) the address of their main residence and every secondary residence or, if there is no such address, the location of that place;

( d ) the address of every place at which they are employed or retained, or are engaged on a volunteer basis or, if there is no such address, the location of that place;

( e ) the address of every educational institution at which they are enrolled or, if there is no such address, the location of that place;

( f ) a telephone number at which they may be reached, if any, for every place referred to in paragraphs ( c ) and ( d ), and the number of every mobile telephone or pager in their possession; and

( g ) their height and weight and a description of every physical distinguishing mark that they have.”

(d) by replacing lines 11 to 15 on page 5 with the following:

“them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with which an order was made or, if they are subject to an obligation under section 490.019 of the Criminal Code , a designated offence within the meaning of subsection 490.011(1) of that Act.

(3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any observable characteristic that may assist in identification of the sex offender, including their eye colour and hair colour, and may require that their photograph be taken.”

Randy White moved, — That Bill C-23, in Clause 5, be amended by adding after line 7 on page 5 the following:

“(1.1) When a sex offender reports to the registration centre under paragraph 4(2)( c ), they shall provide to a person who collects information at the registration centre a photograph that:

( a ) was taken not more than one month before the offender's report to the registration centre; and

( b ) shows a full front view of the offender's head and shoulders and has a white background.

By unanimous consent, the amendment was withdrawn.

 

Clause 5, as amended, carried on division.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 6, be amended(a) by replacing lines 18 to 20 on page 5 with the following:

“centre that serves the area in which their main residence is located

( a ) of every address or location at which they stay or intend to stay, and of”

(b) by replacing lines 22 to 26 on page 5 with the following:

“from, and return to, their main residence or a secondary residence, not later than 15 days after departure if they are in Canada but are absent from their main residence and every secondary residence for a period of at least 15”

(c) by replacing lines 29 and 30 on page 5 with the following:

“departure from their main residence or a secondary residence, not later than 15 days after”

(d) by replacing, in the English version, lines 33 and 34 on page 5 with the following:

“( c ) of their actual return to their main residence or a secondary residence after a departure”

(e) by replacing lines 37 to 41 on page 5 with the following:

“are required to report under section 4.1 or 4.3 within that period.

(2) Notification shall be by registered mail or in accordance with regulations made under paragraph 18(1)( a ) or subsection 19(1), but a sex”

Clause 6, as amended, carried.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 7, be amended by replacing lines 4 and 5 on page 6 with the following:

“report to a registration centre and when information is collected.”

Clause 7, as amended, carried on division.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 8, be amended(a) by replacing lines 6 to 21 on page 6 with the following:

8. (1) When a police service receives a copy of an order sent in accordance with subparagraph 490.018(1)( d )(iii) of the Criminal Code , a person who registers information for the police service shall

( a ) register without delay in the database only the name of the police service and the following information relating to the person who is subject to the order:

(i) their given name and surname,

(ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act , if such a record exists,

(iii) every offence to which the order relates,

(iv) when and where the offence or offences were committed,

(v) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,

(vi) the age and gender of every victim of the offence or offences, and the victim's relationship to the person,

(vii) the date and duration of the order, and

(viii) the court that made the order; and”

(b) by adding after line 25 on page 6 the following:

“(2) When the Attorney General of a province or minister of justice of a territory receives a copy of an affidavit of service and notice sent in accordance with subsection 490.021(6) of the Criminal Code , the Attorney General or minister of justice shall

( a ) register without delay in the database only the following information relating to the person who was served with the notice:

(i) their given name and surname,

(ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act , if such a record exists,

(iii) the date on which the notice was served,

(iv) every offence referred to in the notice,

(v) when and where the offence or offences were committed,

(vi) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,

(vii) the age and gender of every victim of the offence or offences, and the victim's relationship to the person,

(viii) the expected duration of the person's obligation under section 490.019 of the Criminal Code , and

(ix) in the case of a person referred to in paragraph 490.02(1)( b ) of the Criminal Code , the date, if any, on which the person last reported under the Ontario Act and the duration of their obligation to comply with section 3 of that Act;

( b ) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and

( c ) send the person a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay.”

Clause 8, as amended, carried on division.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 9, be amended(a) by replacing lines 31 to 35 on page 6 with the following:

“(a) the nature of their obligations under sections 4 to 6 and of the information that may be collected under sections 5 and 6; and”

(b) by replacing line 38 on page 6 with the following:

“ (2) If a person who collects information has reasonable grounds to suspect that a person who is reporting to the registration centre as a sex offender under this Act is not the sex offender and no other proof of identity is satisfactory in the circumstances, they may take fingerprints from the person in order to confirm their identity.

(3) Despite any other Act of Parliament, if the fingerprints provided under subsection (2) confirm that the person who is reporting is the sex offender, they shall not be disclosed, or used for any other purpose, and shall be destroyed without delay.

(4) The person who collects information”

(c) by replacing, in the French version, lines 1 to 4 on page 7 with the following:

b ) à ce que la fourniture et la collecte des renseignements soient effectuées d'une manière et dans des circonstances garantissant la confidentialité de ceux-ci.”

Clause 9, as amended, carried on division.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 10, be amended by replacing lines 4 to 9 on page 7 with the following:

10. A person who registers information collected at a registration centre

( a ) shall, subject to paragraph ( b ) and any regulations made under paragraph 19(3)( c ), register without delay, in the database, only the information collected under sections 5 and 6;

( b ) may register at any time, in the database, the number that identifies a record of fingerprints collected from a sex offender under the Identification of Criminals Act , if such a record exists; and

( c ) shall ensure that the registration of the”

Clause 10, as amended, carried.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 11, be amended(a) by replacing, in the English version, line 13 on page 7 with the following:

11. A person who collects information at a”

(b) by replacing lines 16 to 32 on page 7 with the following:

“collected under section 5, dated and signed by the person who collected it, to the sex offender when they report to the registration centre in person and provide information under this Act, or send it to the sex offender by mail or another means agreed to by the sex offender, without delay after it is collected, if they report in accordance with regulations made under paragraph 18(1)( a ) or subsection 19(1);

( b ) send the sex offender a copy of the information collected under section 6, dated and signed by the person who collected it, by mail or another means agreed to by the sex offender, without delay after it is collected;”

(c) by replacing, in the French version, line 37 on page 7 with the following:

“ copie de tous les rensei-”

(d) by replacing, in the French version, lines 43 and 44 on page 7 with the following:

“ convenu avec lui, une copie de tous les renseignements le concer-”

Clause 11, as amended, carried.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 12, be amended(a) by replacing lines 1 to 6 on page 8 with the following:

12. (1) A sex offender or a person served with a notice under section 490.021 of the Criminal Code may, at any time, ask a person who collects information at the registration centre that serves the area in which their main residence is located to correct any information relating to them that is registered in the database that they believe contains an error or”

(b) by replacing, in the English version, line 8 on page 8 with the following:

“(2) The person who collects information shall, without delay, ensure”

(c) by replacing line 13 on page 8 with the following:

“( b ) a notation is attached to the information in”

Clause 12, as amended, carried.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 13, be amended by replacing lines 16 to 24 on page 8 with the following:

13. The Commissioner of the Royal Canadian Mounted Police may authorize a person to consult information that is registered in the database for research or statistical purposes if the Commissioner

( a ) is satisfied that those purposes cannot reasonably be accomplished without consulting that information; and

( b ) obtains from the person a written undertaking that no subsequent disclosure of that information”

Clause 13, as amended, carried.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 14, be amended by replacing lines 28 to 30 on page 8 with the following:

14. The database is to be maintained by the Royal Canadian”

Clause 14, as amended, carried.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 15, be amended(a) by replacing lines 32 and 33 on page 8 with the following:

15. (1) Subject to subsections (2) and (3) and regulations made under paragraphs 19(3)( b ) and ( d ),”

(b) by replacing lines 1 to 13 on page 9 with the following:

“(2) Despite any other Act of Parliament, if a person who is subject to an order is finally acquitted of every offence in connection with which the order was made, or receives a free pardon granted under Her Majesty's royal prerogative of mercy or section 748 of the Criminal Code for every such offence, all information that is collected under this Act or registered in the database in connection with that order shall be destroyed, or permanently removed from the database, in accordance with regulations made under paragraph 19(3)( d ).

(3) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an obligation under section 490.019 of the Criminal Code shall be destroyed, or permanently removed from the database, in accordance with regulations made under paragraph 19(3)( d ) and with any court order made under subsection 490.023(4) or 490.024(2) of that Act, if the person who is subject to the obligation

( a ) is finally acquitted of every offence to which the obligation relates or receives a free pardon granted under Her Majesty's royal prerogative of mercy or section 748 of that Act for every such offence; or

( b ) is granted an exemption order under subsection 490.023(2) of that Act or on an appeal from a decision made under that subsection.”

Lorne Nystrom moved, — That Bill C-23, in Clause 15, be amended by adding after line 9 on page 9 the following:

“(2.1) The Commissioner shall inform a sex offender of their eligibility to have all the information referred in subsection (2) permanently removed from the database.”

By unanimous consent, the amendment was withdrawn.

 

Clause 15, as amended, carried.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 16, be amended(a) by replacing lines 16 and 17 on page 9 with the following:

“they are not authorized under this Act to exercise or perform.

(2) No person shall consult any information that is collected under this Act or registered in the database,”

(b) by replacing lines 20 to 26 on page 9 with the following:

“ retained by, a police service who consults the information for the purpose of investigating a specific crime that there are reasonable grounds to suspect is of a sexual nature;

( b ) a person who collects information at the registration centre at which a sex offender last reported who consults the information in order to ensure compliance by the sex offender with an order or orders or with section 490.019 of the Criminal Code ;

( c ) a person who collects or registers information and who consults the information”

(c) by replacing lines 29 and 30 on page 9 with the following:

“ ( d ) a person who is authorized under section 13 to consult information that is registered in the database for research or statistical”

(d) by replacing lines 33 to 41 on page 9 with the following:

“ ( e ) the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner who consults information that is collected under this Act or registered in the database in order to perform the duties of the Commissioner under this Act; or

( f ) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the information in order to maintain the database and who does so for that purpose.”

(e) by replacing line 43 on page 9 with the following:

“that is collected under this Act or registered in the database with any other data”

(f) by replacing lines 2 to 6 on page 10 with the following:

“ gating a specific crime that there are reasonable grounds to suspect is of a sexual nature, and the resulting matched data is used for the purpose of that investigation”

(g) by replacing line 9 on page 10 with the following:

“ 13 to consult information that is registered in the database, and the resulting matched data is made anony-”

(h) by replacing lines 11 to 20 on page 10 with the following:

“(4) No person shall disclose any information that is collected under this Act or registered in the database or the fact that information relating to a person is collected under this Act or registered in the database, or allow it to be disclosed,

( a ) except to the sex offender, or the person who was served with a notice under section 490.019 of the Criminal Code , to whom the information relates;

( b ) except to a person referred to in any of paragraphs (2)( a ) to ( f ), if the disclosure to them is”

(i) by replacing, in the English version, line 24 on page 10 with the following:

“ ( c ) except to a member or employee of, or a person”

(j) by replacing lines 28 to 33 on page 10 with the following:

“orders or with section 490.019 of the Criminal Code ;

( d ) except to a person or court referred to in any of paragraphs 490.03(1)( a ) to ( c ) and (2)( a ) to ( c ) of the Criminal Code , in accordance with that paragraph;

( e ) except to a person to whom the disclosure is necessary for a prosecution for an offence under section 17 or under section 490.031 of the Criminal Code or an appeal from a decision made in such a proceeding, and to a court in connection with the prosecution or appeal, if the information is relevant to that proceeding;

( f ) except to a person to whom the disclosure is”

(k) by replacing line 38 on page 10 with the following:

“omission was committed; or

( g ) unless the person is authorized under section 13 to consult information that is registered in the database, the information is disclosed for research or statistical purposes, and the disclosure is not made, or allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.”

(l) by replacing lines 40 to 42 on page 10 with the following:

“that is collected under this Act or registered in the database, or allow it to be used, for a purpose other than those referred to in paragraphs (2)( a ) to ( f ) and (4)( c ) to ( g ).”

Clause 16, as amended, carried on division.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 17, be amended(a) by replacing, in the French version, lines 2 and 3 on page 11 with the following:

“déclaration fausse ou trompeuse dans le cadre des paragraphes”

(b) by replacing, in the English version, line 8 on page 11 with the following:

“not more than six months, or to both; and”

Clause 17, as amended, carried.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 18, be amended by replacing lines 25 to 35 on page 11 with the following:

18. (1) The lieutenant governor in council of a province may, for the purposes of this Act, make regulations

( a ) respecting the means by which classes of persons designated by the lieutenant governor in council of the province are required to report under section 4.1 or 4.3 or provide notification under section 6;

( b ) authorizing persons or classes of persons in the province to collect information;

( c ) authorizing persons or classes of persons in the province to register information; and

( d ) designating places or classes of places in the province as registration centres, and the area of the province served by each registration centre.

(2) Subject to subsection (3), the lieutenant governor in council of a province may, by regulation, exercise the power of the Governor in Council with respect to any matter referred to in paragraph 19(3)( a ) if the Governor in Council does not make a regulation with respect to that matter that applies in the province.

(3) A regulation made with respect to a matter by the lieutenant governor in council of a province under subsection (2) ceases to apply if the Governor in Council makes a regulation with respect to that matter that applies in the province.”

Clause 18, as amended, carried.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 19, be amended(a) by replacing lines 4 to 11 on page 12 with the following:

“in council of a province under any of paragraphs 18(1)( a ) to ( d ) if the lieutenant governor in council of the province does not make a regulation under that paragraph.

(2) A regulation made by the Governor in Council under subsection (1) in the exercise of a power under any of paragraphs 18(1)( a ) to ( d ) ceases to apply in a province if the lieutenant governor in council of the province makes a regulation under that paragraph.”

(b) by replacing lines 14 to 16 on page 12 with the following:

“( a ) respecting the recording, the retention and maintenance, and the protection of information collected under this Act;

( b ) respecting the retention and maintenance, and the protection of information that is registered in the database;

( c ) respecting the registration of photographs taken under subsection 5(3);

( d ) respecting the destruction of information under subsections 9(3) and 15(2) and (3) and the permanent removal of information from the database; and

( e ) generally for carrying out the purposes”

Clause 19, as amended, carried.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 20, be amended(a) by replacing lines 19 to 22 on page 12 with the following:

adding the following after section 490.01:

490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.032.

“crime of a sexual nature” means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act .

“database” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act .”

(b) by replacing, in the English version, line 30 on page 13 with the following:

“ (xx) subsection 273.3(2) (removal of a”

(c) by replacing lines 30 to 32 on page 14 with the following:

“ male), and

(v) subsection 246(1) (assault with”

(d) by replacing lines 1 to 14 on page 15 with the following:

“(iii) section 153 (sexual intercourse with step-daughter),

(iv) section 157 (gross indecency),

(v) section 166 (parent or guardian procuring defilement), and

(vi) section 167 (householder permitting defilement);

( e ) an attempt or conspiracy to commit an offence referred to in any of paragraphs ( a ), ( c ) and ( d ); or

( f ) an attempt or conspiracy to commit an offence”

(e) by replacing lines 16 to 19 on page 15 with the following:

““Ontario Act” means Christopher's Law (Sex Offender Registry), 2000, S.O. 2000, c. 1.”

(f) by replacing line 28 on page 15 and lines 1 to 19 on page 16 with the following:

“Review Board” means the Review Board established or designated for a province under subsection 672.38(1).

“verdict of not criminally responsible on account of mental disorder” has the same meaning as in section 672.1.

(2) For the purpose of this section and sections 490.012 to 490.032, a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person

( a ) within the meaning of subsection 2(1) of the Youth Criminal Justice Act unless they are given an adult sentence within the meaning of that subsection for the offence; or

( b ) within the meaning of subsection 2(1) of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, unless they are convicted of the offence in ordinary court within the meaning of that subsection.

490.012 (1) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(2), (3) or (4) as soon as possible after it imposes a sentence on the person for an offence referred to in paragraph ( a ), ( c ), ( d ) 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. ”

(g) by replacing line 22 on page 16 and lines 1 to 7 on page 17 with the following:

“ing a person to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(2), (3) or (4) as soon as possible after it imposes a sentence on the person for an offence referred to in paragraph ( b ) or ( f ) of the definition “designated offence” in subsection 490.011(1), 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 ), ( d ) or ( e ) of that definition.”

(h) by replacing lines 11 to 28 on page 17 with the following:

“be made under subsection (1) or (2) to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(5), as soon as possible after it imposes a sentence on the person for a designated offence or renders a verdict of not criminally responsible on account of mental disorder for such an offence, if the prosecutor establishes that

( a ) the person was, before or after the coming into force of that Act, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph ( a ), ( c ), ( d ) or ( e ) of the definition “designated offence” in subsection 490.011(1);

( b ) the person is not, and was not at any time, subject to an obligation under section 490.019; and

( c ) no order was made under subsection (1) in connection with the previous offence.”

(i) by replacing line 38 on page 17 and lines 1 to 21 on page 20 with the following:

“offenders under the Sex Offender Information Registration Act .

(5) The court shall give reasons for its decision.

490.013 (1) An order made under section 490.012 begins on the day on which it is made.

(2) An order made under subsection 490.012(1) or (2)

( a ) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or is an offence for which the maximum term of imprisonment is two or five years;

( b ) ends 20 years after it was made if the offence in connection with which it was made is one for which the maximum term of imprisonment is 10 or 14 years; and

( c ) applies to the person for life if the offence in connection with which it was made is one for which the maximum term of imprisonment is life.

(3) An order made under subsection 490.012(1) or (2) applies to a person for life if they are, or were at any time, subject to an obligation under section 490.019.

(4) An order made under subsection 490.012(1) or (2) applies to a person for life if they are, or were at any time, subject to an order made previously under either of those subsections.

(5) An order made under subsection 490.012(3) applies to a person for life.

490.014 The prosecutor, or a person who is subject to an order under section 490.012, may appeal from a decision of the court under that section 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 section.

490.015 (1) A person who is subject to an order may apply for a termination order

( a ) not earlier than five years after the order was made, in the case of an order that is applicable for 10 years under paragraph 490.013(2)( a );

( b ) not earlier than 10 years after the order was made, in the case of an order that is applicable for 20 years under paragraph 490.013(2)( b );

( c ) not earlier than 20 years after the order was made, in the case of an order that is applicable for life under paragraph 490.013(2)( c ) or subsection 490.013(3) or (5); or

( d ) on or after the day on which they receive a pardon.

(2) If more than one order is made in respect of a person, the person may apply for a termination order not earlier than 20 years after the most recent order was made under section 490.012, or on or after the day on which they receive a pardon. The application must be in relation to every order that is in effect.

(3) If an applicant is also subject to an obligation under section 490.019, the application must be in relation to that obligation as well as to every order that is in effect.

(4) A person whose application is refused may re-apply not earlier than five years after they made the previous application. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 after the previous application was made.

(5) A person must apply to a superior court of criminal jurisdiction under this section if such a court made an order to which the application relates. In any other case, they must apply to a court of criminal jurisdiction.

490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders, and any obligation, to which the application relates, including on their privacy or liberty, would be grossly disproportionate to the public interest in the protection of society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act .

(2) The court shall give reasons for its decision.

490.017 The prosecutor or the person who applied for a termination order may appeal from a decision made under subsection 490.016(1) 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 termination order or make an order that may be made under that subsection.

490.018 (1) When a court or appeal court makes an order under section 490.012, it shall cause”

(j) by replacing line 29 on page 20 with the following:

“ section 490.031; and”

(k) by replacing, in the English version, line 33 on page 20 with the following:

“ that person, if applicable,”

(l) by replacing line 34 on page 20 with the following:

“(ii) the person in charge of the place in which that person is”

(m) by replacing, in the English version, line 40 on page 20 with the following:

“charged that person with the offence”

(n) by replacing lines 11 to 23 on page 21 with the following:

“unless the conditions restrict the person's liberty in a manner and to an extent that prevent them from complying with section 4, 4.1, 4.3 or 6 of the Sex Offender Information Registration Act .

(4) The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge.

490.019 A person who is served with a notice in Form 53 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.022 unless a court makes an exemption order under subsection 490.023(2).

490.02 (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph ( a ), ( c ), ( d ) or ( e ) of the definition “designated offence” in subsection 490.011(1) and

( a ) on the day on which the Sex Offender Information Registration Act comes into force, they are subject to a sentence for, or have not received an absolute discharge under Part XX.1 from, the offence; or

( b ) in any other case,

(i) their name appears in connection with the offence, immediately before the Sex Offender Information Registration Act comes into force, in the sex offender registry established under the Ontario Act, and

(ii) they either were a resident of Ontario at any time between April 23, 2001 and the day on which the Sex Offender Information Registration Act comes into force or committed the offence in Ontario.

(2) A notice shall not be served on a person

( a ) referred to in paragraph (1)( a ) or ( b ) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty's royal prerogative of mercy or section 748 for, every offence in connection with which notice may be served on them under that paragraph;

( b ) referred to in paragraph (1)( a ) or ( b ) if an application has been made for an order under subsection 490.012(3) in relation to any offence in connection with which notice may be served on them under that paragraph; or

( c ) referred to in paragraph (1)( b ) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.

490.021 (1) The notice shall be personally served within one year after the day on which the Sex Offender Information Registration Act comes into force.

(2) If a person referred to in paragraph 490.02(1)( a ) is unlawfully at large or is in breach of any terms of their sentence or discharge, or conditions set under this Act, that relate to residence, the notice may be served by registered mail at their last known address.

(3) If a person referred to in paragraph 490.02(1)( b ) is not in compliance with section 3 of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force, the notice may be served by registered mail at their last known address.

(4) If a person referred to in paragraph 490.02(1)( b ) is in compliance with section 3 and subsection 7(2) of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force but fails to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after that day, the notice shall be served within one year after the day on which they failed to comply and may be served by registered mail at their last known address.

(5) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that

( a ) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;

( b ) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and

( c ) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.

(6) The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.

490.022 (1) The obligation under section 490.019 begins

( a ) either one year after the day on which a person is served with a notice under section 490.021 or when a court decides not to make an exemption order under subsection 490.023(2), whichever is later; or

( b ) when an exemption order made under this Act is quashed.

(2) The obligation ends on the earliest of

( a ) the day on which an exemption order is made on an appeal from a decision made under subsection 490.023(2),

( b ) the day on which the obligation of a person referred to in paragraph 490.02(1)( b ) to comply with section 3 of the Ontario Act ends under paragraph 7(1)( a ) of that Act, or

( c ) the day on which a person referred to in paragraph 490.02(1)( b ) provides satisfactory proof of a pardon to a person who collects information, within the meaning of subsection 3(1) of the Sex Offender Information Registration Act , at a registration centre.

(3) If none of paragraphs (2)( a ) to ( c ) applies earlier, the obligation

( a ) ends 10 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates that was prosecuted summarily or for which the maximum term of imprisonment is two or five years;

( b ) ends 20 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates and for which the maximum term of imprisonment is 10 or 14 years;

( c ) applies for life if the maximum term of imprisonment for an offence to which the obligation relates is life; or

( d ) applies for life if the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph ( a ), ( c ), ( d ) or ( e ) of the definition “designated offence” in subsection 490.011(1).

490.023 (1) A person who is not subject to an order under section 490.012 may, within one year after the day on which they are served with a notice under section 490.021, apply to any court of criminal jurisdiction for an order exempting them from the obligation under section 490.019.

(2) The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act .

(3) The court shall give reasons for its decision.

(4) If the court makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person.

490.024 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision of the court under subsection 490.023(2) 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 exemption order or make an order that may be made under that subsection.

(2) If an appeal court makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person.

490.025 When a court decides not to make an exemption order under subsection 490.023(2) or an appeal court dismisses an appeal from such a decision or quashes an exemption order made under that subsection, it shall notify the Attorney General of the decision and cause the person who applied for the exemption order to be informed of sections 4 to 7 and subsection 17(1) of the Sex Offender Information Registration Act and section 490.031.

490.026 (1) A person who is subject to an obligation under section 490.019 and is not subject to an order under section 490.012 may apply to a court of criminal jurisdiction for a termination order.

(2) A person may apply for a termination order under subsection (1) if the following period has elapsed since the day on which they were sentenced, or found not criminally responsible on account of mental disorder, for an offence referred to in paragraph ( a ), ( c ), ( d ) or ( e ) of the definition “designated offence” in subsection 490.011(1):

( a ) five years if the offence was prosecuted summarily or is an offence for which the maximum term of imprisonment is two or five years;

( b ) 10 years if the offence is one for which the maximum term of imprisonment is 10 or 14 years; and

( c ) 20 years if the offence is one for which the maximum term of imprisonment is life.

(3) A person who committed more than one offence referred to in paragraph ( a ), ( c ), ( d ) or ( e ) of the definition “designated offence” in subsection 490.011(1) may apply for a termination order under subsection (1) if 20 years have elapsed since the day on which they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence.

(4) A person whose application is refused may re-apply if five years have elapsed since the day on which they made the previous application. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 after the previous application was made.

490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in the protection of society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act .

(2) The court shall give reasons for its decision.

490.028 If a person is eligible to apply for both an exemption order under section 490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021, an application within that period for one order is deemed to be an application for both.

490.029 The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under section 490.027 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 termination order or make an order that may be made under that section.

490.03 (1) At the request of a prosecutor or the Attorney General, as the case may be, the Commissioner of the Royal Canadian Mounted Police shall disclose information that is registered in the database or the fact that such information is registered in the database

( a ) to the prosecutor, if the Commissioner is satisfied that the disclosure is necessary for the purposes of a proceeding for an order under section 490.012; or

( b ) to the Attorney General, if the Commissioner is satisfied that the disclosure is necessary for the purposes of a proceeding under section 490.015, 490.023 or 490.026, or an appeal from a decision made in a proceeding under any of those sections or in a proceeding for an order under section 490.012.

(2) At the request of the Attorney General, the Commissioner shall disclose to the Attorney General all information relating to a person that is registered in the database if the person, in connection with a proceeding, discloses any such information or the fact that any such information is registered in the database.

(3) The prosecutor or the Attorney General may disclose the information to a court in connection with a proceeding referred to in subsection (1) or (2), or to an appeal court in connection with an appeal from a decision made in the proceeding, if the information is relevant to the proceeding or appeal.

(4) Information that is collected under the Sex Offender Information Registration Act or registered in the database and that is relevant to the proceeding may be disclosed to a judge or justice in a proceeding relating to an application for a search warrant in connection with the investigation of a crime that there are reasonable grounds to suspect is of a sexual nature.

490.031 Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or with an obligation under section 490.019, is guilty of an offence and liable”

(o) by replacing, in the English version, line 27 on page 21 with the following:

“not more than six months, or to both; and”

(p) by replacing line 38 on page 21 and lines 1 to 3 on page 22 with the following:

490.032 The Governor in Council may make regulations

( a ) requiring that additional information be contained in a notice under Form 53; and

( b ) prescribing, for one or more provinces, the form and content of that information.”

Jocelyne Girard-Bujold moved, — That Bill C-23, in Clause 20, be amended by replacing line 33 on page 13 with the following:

“provisions, if committed with an offence under paragraph ( a ) or with intent to commit such an offence: ”

The question was put on the amendment of Jocelyne Girard-Bujold and it was negatived on division.

 

Randy White moved, — That Bill C-23, in Clause 20, be amended by replacing lines 5 and 6 on page 16 with the following:

“disorder for, the offence in question.”

The question was put on the amendment of Randy White and it was negatived.

 

Jocelyne Girard-Bujold moved, — That Bill C-23, in Clause 20, be amended by replacing line 7 on page 16 with the following:

490.03 (1) A court may, on application of”

The question was put on the amendment of Jocelyne Girard-Bujold and it was negatived.

 

Randy White moved, — That Bill C-23, in Clause 20, be amended by replacing lines 7 and 8 on page 16 with the following:

490.03 (1) A court shall make an order in Form 52”

The question was put on the amendment of Randy White and it was negatived.

 

Jocelyne Girard-Bujold moved, — That Bill C-23, in Clause 20, be amended by replacing line 20 on page 16 with the following:

“(2) A court may, on application of the”

The question was put on the amendment of Jocelyne Girard-Bujold and it was negatived on division.

 

Jocelyne Girard-Bujold moved, — That Bill C-23, in Clause 20, be amended by replacing line 8 on page 17 with the following:

“(3) A court may, on application of the”

The question was put on the amendment of Jocelyne Girard-Bujold and it was negatived on division.

 

Randy White moved, — That Bill C-23, in Clause 20, be amended by adding after line 28 on page 17 the following:

“(3.1) Where a person is serving a sentence for an offence referred to in paragraph ( a ), ( c ), ( d ) or ( e ) of the definition “designated offence” on the day this Act comes into force, a court shall, on application of a prosecutor, make as soon as possible an order in Form 52 requiring that person to report to a registration centre and provide information in accordance with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.04(1) or (2).

By unanimous consent, the amendment was withdrawn.

 

Randy White moved, — That Bill C-23, in Clause 20, be amended by adding after line 28 on page 17 the following:

“(3.2) A court shall, on application of a prosecutor, make an order in Form 52 requiring a person who was serving a sentence in a foreign state for a crime that would constitute a designated offence under this Act and who is transferred to Canada under the Transfer of Offenders Act , to report to a registration centre and provide information in accordance with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.04(1) or (2) as soon as possible after the transfer of that person to Canada.

The question was put on the amendment of Randy White and it was negatived on division.

 

Randy White moved, — That Bill C-23, in Clause 20, be amended by deleting lines 29 to 38 on page 17 and lines 1 to 3 on page 18.

The question was put on the amendment of Randy White and it was negatived.

 

Jocelyne Girard-Bujold moved, — That Bill C-23, in Clause 20, be amended by replacing line 38 on page 17 with the following:

“offenders, or if it is satisfied, on the basis of a professional assessment, that the person is of little danger or presents a low risk of reoffending. ”

The question was put on the amendment of Jocelyne Girard-Bujold and it was negatived.

 

Randy White moved, — That Bill C-23, in Clause 20, be amended by deleting lines 33 to 44 on page 18.

The question was put on the amendment of Randy White and it was negatived.

 

Randy White moved, — That Bill C-23, in Clause 20, be amended(a) by replacing lines 1 to 19 on page 19 with the following:

490.06 A person who is subject to one or more”

(b) by deleting lines 26 to 45 on page 19 and lines 1 to 6 on page 20.

The question was put on the amendment of Randy White and it was negatived.

 

Jocelyne Girard-Bujold moved, — That Bill C-23, in Clause 20, be amended by replacing lines 26 to 32 on page 19 with the following:

“(4) The court shall make an order continuing an order — or, if the person is subject to more than one order, the orders — made under section 490.03 if it is satisfied that the prosecutor has established that the impact on the person of continuing the order or orders, including on the person's privacy or liberty, would not be grossly”

The question was put on the amendment of Jocelyne Girard-Bujold and it was negatived.

 

Randy White moved, — That Bill C-23, in Clause 20, be amended by deleting lines 7 to 19 on page 20.

The question was put on the amendment of Randy White and it was negatived.

 

Randy White moved, — That Bill C-23, in Clause 20, be amended by replacing line 32 on page 21 with the following:

“ment for a term of not more than ten”

The question was put on the amendment of Randy White and it was negatived on division.

 

Clause 20, as amended, carried on division.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 21, be amended(a) by replacing lines 5 and 6 on page 22 with the following:

adding the following at the end of that Part:

Canada,”

(b) by replacing lines 9 to 17 on page 22 with the following:

“You have been convicted of, or found not criminally responsible on account of mental disorder for, ............. (insert description of offence(s) ), a designated offence (or if more than one offence, designated offences) within the meaning of subsection 490.011(1) of the Criminal Code , under ......... (insert the applicable designated offence provision(s) of the Criminal Code ).”

(c) by replacing lines 19 to 21 on page 22 with the following:

“person, to the registration centre that serves the area in which your main residence is located, whenever required under subsection 4(2) of the Sex Offender Informa-

(d) by replacing lines 24 to 30 on page 22 with the following:

“registration centre that serves the area in which your main residence is located whenever required under section 4.1 or 4.3 of the Sex Offender Information Registration Act , for a period of ...... years after this order is made ( or if paragraph 490.013(2)(c) or any of subsections 490.013(3) to (5) of the Criminal Code applies , for life).”

(e) by replacing lines 1 to 8 on page 23 with the following:

“3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.

4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the”

(f) by replacing lines 13 and 14 on page 23 with the following:

“information at the registration centre that serves the area in which your main residence is located to correct the informa-”

(g) by replacing, in the English version, lines 17 and 18 on page 23 with the following:

“7. You have the right to apply to a court to terminate this order, and the right to appeal any deci-”

(h) by replacing, in the French version, line 20 on page 23 with the following:

“tribunal de révoquer la présente ordonnance”

(i) by replacing line 29 on page 23 with the following:

“Canada,

Province of ..........,

( territorial division ).

To A.B., of ............, ( occupation ), a person referred to in subsection 490.02(1) of the Criminal Code :

Because, on ....... ( insert date(s) ), you were convicted of, or found not criminally responsible on account of mental disorder for, ......... ( insert description of offence(s) ), one or more offences referred to in paragraph ( a ), ( c ), ( d ) or ( e ) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code , under ....... ( insert the applicable offence provision(s) of the Criminal Code ), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.

1. You must report for the first time, in person, to the registration centre that serves the area in which your main residence is located, whenever required under subsection 4(3) of the Sex Offender Information Registration Act.

2. You must subsequently report to the registration centre that serves the area in which your main residence is located whenever required under section 4.1 or 4.3 of the Sex Offender Information Registration Act for a period of ....... years after the day on which you were sentenced, or found not criminally responsible on account of mental disorder, for the offence ( or if paragraph 490.022(3)(c) of the Criminal Code applies , for life) or for any shorter period set out in subsection 490.022(2) of the Criminal Code .

3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.

4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act .

5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre that serves the area in which your main residence is located to correct the information.

6. You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act , and the right to appeal any decision of that court.

7. You have the right to apply to a court to terminate the obligation, and the right to appeal any decision of that court.

8. If you are found to have contravened the obligation, you may be subject to a fine or imprisonment, or to both.

9. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.

Dated this ................ day of ................, at ................. .”

Randy White moved, — That Bill C-23, in Clause 21, be amended by replacing lines 16 to 23 on page 23 with the following:

“6. If you are found to have contravened this order, you may be subject to a fine or imprisonment, or to both.

7. If you are found to have provided false or”

The question was put on the amendment of Randy White and it was negatived.

 

Clause 21, as amended, carried on division.

 

Lorne Nystrom moved, — That Bill C-23 be amended by adding after line 29 on page 23 the following new clause:

21.1 (1) The administration of this Act shall, two years after the coming into force of this Act, be reviewed by the parliamentary committee that may be designated or established by Parliament for that purpose.

(2) The committee designated or established by Parliament for the purpose of subsection (1) shall undertake a review of the provisions and operation of this Act and shall, within six months after the review is undertaken or within any further time that may be authorized, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the committee would recommend.”

The question was put on the amendment and the result of the vote was announced: YEAS: 6; NAYS: 6.

Whereupon, the Chair voted in the affirmative.

Accordingly, the amendment was agreed to.

 

Clause 21.1, as amended, carried.

 

On motion of Marlene Jennings, it was agreed, — That Bill C-23, in Clause 22, be amended by replacing line 8 on page 24 with the following:

that Act to "subsections 9(3) and 16(4)".

Clause 22, as amended, carried.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 23, be amended by replacing lines 15 to 19 on page 24 with the following:

“records and removes any disqualification or obligation to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161, 259, 490.012 or 490.019 of”

Clause 23, as amended, carried on division.

 

Clause 24 was negatived.

 

On motion of Marlene Jennings, it was agreed on division, — That Bill C-23, in Clause 25, be amended by replacing line 20 on page 25 with the following:

tion 490.011(1) of the Criminal Code is

Clause 25, as amended, carried on division.

 

Lorne Nystrom moved, — That Bill C-23, in Clause 26, be amended by replacing lines 24 to 26 on page 25 with the following:

“26. This Act is deemed to have come into force on January 1, 2000.”

By unanimous consent, the amendment was withdrawn.

 

Clause 26 carried.

 

The Short Title carried.

 

The Title carried.

 

The Bill, as amended, carried.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-23, as amended, be reprinted for the use of the House at report stage.

 

At 11:12 a.m., the sitting was suspended.

At 11:26 a.m., the sitting resumed.

 
Pursuant to the Order of Reference of Wednesday, October 8, 2003, the Committee commenced consideration of Bill C-46, An Act to amend the Criminal Code (capital markets fraud and evidence-gathering).
 

Jocelyne Girard-Bujold moved, — That Bill C-46, in Clause 1, be amended by deleting lines 13 to 26 on page 1.

The question was put on the amendment of Jocelyne Girard-Bujold and it was negatived.

 

Clause 1 carried.

 

Clauses 2 to 4 inclusive carried severally.

 

Lorne Nystrom moved, — That Bill C-46, in Clause 5, be amended by replacing lines 15 to 17 on page 4 with the following:

“( b ) might reasonably be expected to affect the material value of any of the securities of the issuer.”

The question was put on the amendment of Lorne Nystrom and it was negatived on division.

 

Clause 5 carried.

 

Jocelyne Girard-Bujold moved, — That Bill C-46 be amended by adding after line 17 on page 4 the following new clause:

5.1 Section 397 of the Act is replaced by the following:

397. (1) Every one who, with intent to defraud,

( a ) destroys, mutilates, alters, falsifies or makes a false entry in, or

( b ) omits a material particular from, or alters a material particular in,

a book, paper, writing, financial statement, valuable security or document is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

(2) Every one who, with intent to defraud his creditors, is privy to the commission of an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

(3) Every one who, with intent to defraud the shareholders, is privy to the commission of an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.”

The question was put on the amendment of Jocelyne Girard-Bujold and it was negatived.

 

Jocelyne Girard-Bujold moved, — That Bill C-46 be amended by adding after line 17 on page 4 the following new clause:

5.2 The Act is amended by adding the following after section 400:

400.1 Everyone who knowingly executes or makes a scheme, artifice, proposal, contrivance or operation

( a ) to defraud any person in connection with any security, or

( b ) to obtain, by deceit, falsehood, representation, promises or other fraudulent pretences or means, any money or property in connection with the purchase or sale of any security,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.”

The question was put on the amendment of Jocelyne Girard-Bujold and it was negatived.

 

Lorne Nystrom moved, — That Bill C-46, in Clause 6, be amended by replacing line 9 on page 5 with the following:

“conviction and liable to imprisonment for a term not exceeding eighteen months.”

The question was put on the amendment of Lorne Nystrom and it was negatived on division.

 

Clause 6 carried.

 

Clauses 7 to 9 inclusive carried severally.

 

The Title carried.

 

The Bill carried.

 

ORDERED, — That the Chair report the Bill to the House.

 

At 11:38 a.m., the Committee adjourned to the call of the Chair.

 



Jean-Philippe Brochu, Diane Diotte
Clerks of the Committee

 
 
2003/10/31 4:55 p.m.