Summary#

This bill updates Canada’s Criminal Code, the Sex Offender Information Registration Act (SOIRA), and the International Transfer of Offenders Act. It sets clearer rules for when people convicted of sexual offences must register, adds tools to enforce SOIRA, and clarifies how publication bans can be made, changed, or removed. It also requires courts to ask victims if they want information about the offender’s sentence and share contact details with Correctional Service of Canada.

• Mandatory SOIRA registration for child sexual offences and repeat sexual offenders; a presumption to register others unless strict exceptions apply (Criminal Code 490.012(1)–(4)).
• Lifetime registration only if offences show a pattern that increases the risk of reoffending, with options to vary duration in defined cases (Criminal Code 490.013(3)–(6)).
• Police can seek a warrant to arrest someone who breaches SOIRA duties and bring them to a registration centre to fix it (Criminal Code 490.03121).
• Clearer travel-notice rules for registered offenders, with a “reasonable excuse” exception when 14-day advance notice is not possible (SOIRA s.6(1), 6(1.01), 6(1.02)).
• Victims and witnesses get clearer say on publication bans and easier ways to vary or revoke them; limits on prosecuting survivors for breaches (Criminal Code 486.4–486.6).
• Courts must ask if victims want sentence information and must send victim contact details to CSC when they do (Criminal Code s. 726.2 [Inquiry by court], 743.2).

What it means for you#

• Timing

  • Some sections take effect on dates set by the Governor in Council; exact dates are not in the text provided (Coming into Force). Data unavailable.

• Households and victims

  • You can ask to vary or revoke a publication ban more easily. Judges and prosecutors must confirm your wishes and tell you about your rights and any orders made (Criminal Code 486.4(3.1), (3.2); 486.5(5.1), (8.1), (8.2)).
  • You may speak privately about your own identity to trusted people (for example, your lawyer or health provider) without breaching a ban, if you are not making the information public (Criminal Code 486.4(5); 486.5(3.1)).
  • If you want information about the sentence or its administration, the court must record this and send your contact details to CSC (Criminal Code s. 726.2 [Inquiry by court]; 743.2).
  • Limits apply before prosecuting a person who is under a publication ban: the breach must be knowing, must compromise another protected person’s privacy, and a warning must be inappropriate (Criminal Code 486.6(1.1)).

• People convicted of sexual offences

  • If convicted of a sexual offence against a child, or if you have prior qualifying sexual convictions or obligations, the court must order you to comply with SOIRA (Criminal Code 490.012(1)–(2)).
  • In other sexual offence cases, the court must order SOIRA unless you prove there is no link to SOIRA’s public-safety purpose or the impact on you would be grossly disproportionate (Criminal Code 490.012(3)–(4)).
  • For “secondary offences,” SOIRA applies only if the prosecutor proves you committed it with intent to commit a “primary” sexual offence (Criminal Code 490.012(5); 490.011(1) definitions).
  • Lifetime orders apply if multiple offences in the same case show a pattern and increased risk of reoffending, or if you have prior qualifying convictions/obligations (Criminal Code 490.013(3), (5)–(6)). Courts must give reasons (Criminal Code 490.014).

• Registered sex offenders (SOIRA obligations)

  • Travel/absence notice: give at least 14 days’ notice before being away from your main or secondary residence for 7+ consecutive days, with detailed addresses or locations. If plans change after departure, notify within 7 days (Canada) or without delay (outside Canada). If a reasonable excuse prevents 14 days’ notice, you must notify as soon as feasible before departure (SOIRA s.6(1)(a)–(b), 6(1.01)(a)–(d), 6(1.02)).
  • Police may seek a warrant to arrest you and bring you to a registration centre if they believe you breached SOIRA reporting duties. If you fix the breach after the warrant issues, no charge shall be laid for that breach (Criminal Code 490.03121(1), (5)).
  • Information in the SOIRA database is retained up to 50 years after death, unless removed due to termination or exemption (SOIRA s.15(1)–(3)).

• People with foreign convictions or transfers to Canada

  • If you arrive in Canada and were convicted or found NCR abroad for an offence equivalent to a “primary” sexual offence, you must advise a police service within 7 days and provide required details (Criminal Code 490.02911(1), (1.1)).
  • You may apply for an exemption or to vary a life-duration obligation in defined circumstances, including for older obligations, with required reasons from the court; RCMP must remove data if an exemption is granted (Criminal Code 490.02905, 490.029051; 490.04, 490.05; SOIRA s.8.1(3)–(4), 15(2)–(3); International Transfer of Offenders Act 36.1, 36.2).

• Police and courts

  • Police can access SOIRA data to verify compliance, obtain warrants for SOIRA breaches, and execute them anywhere in Canada (SOIRA s.16(2)(b), 16(4)(c)(i.1), (iv); Criminal Code 490.03121(3)).
  • Judges and prosecutors have new duties to check and record victims’ wishes on publication bans and to inform them of rights and orders (Criminal Code 486.4(2)–(3.2); 486.5(5.1), (8.1), (8.2)).

Expenses#

• Estimated net cost: Data unavailable.

• Fiscal information

  • No official fiscal note found in the provided materials. Data unavailable.
  • The bill creates new duties for police, prosecutors, courts, CSC, and RCMP database administration. Quantified costs or savings are not provided. Data unavailable.

Proponents' View#

• Targets highest-risk cases with mandatory SOIRA for child sexual offences and repeat offenders, and requires proof of intent for secondary offences to be included (Criminal Code 490.012(1)–(2), (5)).
• Focuses lifetime orders on people who show a pattern and increased risk, avoiding automatic lifetime consequences for multiple counts in one proceeding unless risk is shown (Criminal Code 490.013(3)–(6)).
• Improves enforcement by allowing warrants to bring non-compliant registrants to a centre to remedy breaches, reducing gaps in the registry’s accuracy (Criminal Code 490.03121).
• Strengthens victim choice and information: courts must ask victims about receiving sentence updates and must share contact details with CSC; victims can seek to vary or revoke publication bans more easily (Criminal Code s. 726.2; 743.2; 486.4–486.5).
• Clarifies travel-notice rules so police can monitor movements tied to risk, while adding a reasonable-excuse safety valve for short-notice situations (SOIRA s.6(1), 6(1.01), 6(1.02)).
• Provides clear off-ramps (exemption/variation/termination) when SOIRA would have no public-safety link or would be grossly disproportionate, with listed factors for courts to weigh (Criminal Code 490.012(3)–(4); 490.016; 490.027; 490.02905; 490.02909; 490.02913).

Opponents' View#

• Privacy impact: SOIRA data retention up to 50 years after death may be excessive relative to public-safety needs; removal depends on exemptions or terminations (SOIRA s.15(1)–(3)).
• Compliance burden: 14‑day advance travel notices, multiple updates, and detailed location reporting may be hard for people with unstable housing or sudden travel needs, risking technical breaches (SOIRA s.6(1), 6(1.01)).
• Due process concerns: In applications to vary or revoke publication bans, the accused cannot make submissions, which could raise fairness questions in some cases (Criminal Code “Submissions (6)” after 486.5).
• Enforcement risks: New arrest warrants to “remedy” SOIRA breaches expand police powers and could lead to inconsistent use across regions; no public cost or oversight metrics are provided (Criminal Code 490.03121). Data unavailable.
• Implementation load: New duties for judges, prosecutors, police, CSC, and RCMP database managers may strain resources without added funding, risking delays or uneven application (Criminal Code 486.4–486.5, s. 726.2; 743.2; SOIRA s.16). Data unavailable.