Certificate evidence for SOIRA failures

Summary#

This Order brings section 32 of the Tougher Penalties for Child Predators Act into force on the day the Order was made — November 28, 2025 (published in the Canada Gazette on December 17, 2025). It amends the National Defence Act so that a signed certificate from the sex-offender registry can be used as evidence in certain military justice cases involving child-sex offences.

What it does#

• Brings section 32 of the Tougher Penalties for Child Predators Act into force as of November 28, 2025.
• Adds subsection 6(1.01) of the Sex Offender Information Registration Act (SOIRA) to subsection 119.1(3) of the National Defence Act.
• Lets a signed certificate from the registry (showing that a person convicted of a sexual offence against a child failed to give required notice of travel plans or changes) be accepted as evidence in court martial proceedings without the certificate’s signer having to testify in person.
• Aligns the military evidence rule with an existing civilian rule in the Criminal Code so the same type of certificate evidence can be used in both systems.

Who's affected#

• Canadian Armed Forces members who are registered sex offenders convicted of sexual offences against a child.
• Military prosecutors, defence lawyers and military judges handling court martial cases that involve failures to report under the SOIRA.
• Staff at registry or registration centres who provide the certificates used as evidence.
• The change is narrow and applies only to cases about failing to give the specific notices required by the SOIRA.

Why it matters#

• It makes it quicker and simpler to use registry records as evidence in military cases about failure to report travel or changes, because the person who signed the certificate generally does not need to appear in court.
• That can save time and resources for the military justice system and bring its evidence rules in line with the civilian criminal system.
• The change is limited in scope: it affects only prosecutions for failing to provide the specific notices required by the SOIRA, not other offences.