EXTRA Vol. 142, No. 3

Canada Gazette

Part II

OTTAWA, THURSDAY, SEPTEMBER 4, 2008

Registration

SOR/2008-247 August 28, 2008

NATIONAL DEFENCE ACT

Sex Offender Information Registration Regulations (Canadian Forces)

P.C. 2008-1508 August 28, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to section 227.2 (see footnote a) of the National Defence Act (see footnote b), hereby makes the annexed Sex Offender Information Registration Regulations (Canadian Forces).

SEX OFFENDER INFORMATION REGISTRATION REGULATIONS (CANADIAN FORCES)

INTERPRETATION

1. The following definitions apply in these Regulations.

“military police” does not include the Canadian Forces National Investigation Service. ( police militaire)

“Office of the Provost Marshal” means the Office of the Canadian Forces Provost Marshal located at National Defence Headquarters in Ottawa. (bureau du prévôt)

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

APPLICATION

2. These Regulations apply to a sex offender who is subject to the Code of Service Discipline or who is an officer, or non-commissioned member, of the primary reserve.

REGISTRATION CENTRES

3. (1) For the purpose of the Sex Offender Information Registration Act, the following places are designated as registration centres:

(a) in Canada,

(i) the Office of the Provost Marshal, and

(ii) the place located on each defence establishment set out in the schedule that serves as the station of the military police; and

(b) outside Canada, each place that serves as the station of military police that carry out law enforcement operations.

(2) A registration centre serves any sex offender to whom these Regulations apply.

MEANS OF REPORTING AND NOTIFICATION

REPORTING

First Report

4. For the purpose of subsection 4(3) of the Sex Offender Information Registration Act, the first report by a sex offender under that Act shall be in person.

Subsequent Report

5. (1) For the purpose of subsection 4.1(2) of the Sex Offender Information Registration Act, a report by a sex offender under paragraph 4.1(1)(a) or (b) of that Act shall be in person or by telephone, facsimile or electronic mail.

(2) For the purpose of subsection 4.1(2) of the Sex Offender Information Registration Act, a report by a sex offender under paragraph 4.1(1)(c) of that Act shall be in person.

NOTIFICATION

6. For the purpose of section 6 of the Sex Offender Information Registration Act, any notification that a sex offender is required to provide under that section shall be in person or by telephone, facsimile or electronic mail.

PERSONS AUTHORIZED TO COLLECT INFORMATION

7. For the purpose of the Sex Offender Information Registration Act, the following persons are authorized to collect information in relation to sex offenders to whom these Regulations apply:

(a) a member of the military police; and

(b) a person employed by the military police or the Office of the Provost Marshal, whose duties include the collection of information under that Act.

PERSONS AUTHORIZED TO REGISTER INFORMATION

8. For the purpose of the Sex Offender Information Registration Act, any person who is authorized under section 7 to collect information is authorized to register information in relation to sex offenders to whom these Regulations apply.

DESIGNATED CLASS OF OPERATIONS

9. All operations that involve a unit or other element of the Canadian Special Operations Forces Command are designated for the purpose of subsection 227.16(1) of the National Defence Act.

COMING INTO FORCE

10. These Regulations come into force on the day on which An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act, chapter 5 of the Statutes of Canada, 2007, comes into force, but if these Regulations are registered after that day, they come into force on the day on which they are registered.

SCHEDULE
(Subparagraph 3(1)(a)(ii))

DEFENCE ESTABLISHMENTS

PART 1

ONTARIO

8 Wing Trenton
22 Wing North Bay
Area Support Unit London
Area Support Unit Northern Ontario
Area Support Unit Toronto
Canadian Forces Base/Area Support Unit Kingston
Canadian Forces Base/Area Support Unit Petawawa
Canadian Forces Base Borden
Canadian Forces Support Unit Ottawa
Land Force Central Area Training Centre (Meaford)

PART 2

QUEBEC

3 Wing Bagotville
Area Support Unit Saint-Jean
Canadian Forces Base/Area Support Unit Montreal
Canadian Forces Base/Area Support Unit Valcartier

PART 3

NOVA SCOTIA

14 Wing Greenwood
Canadian Forces Base Halifax

PART 4

NEW BRUNSWICK AND PRINCE EDWARD ISLAND

Canadian Forces Base/Area Support Unit Gagetown

PART 5

MANITOBA AND SASKATCHEWAN

15 Wing Moose Jaw
17 Wing Winnipeg
17 Wing Winnipeg (Dundurn detachment)
Canadian Forces Base/Area Support Unit Shilo

PART 6

BRITISH COLUMBIA

19 Wing Comox
Area Support Unit Chilliwack
Canadian Forces Base Esquimalt

PART 7

ALBERTA, YUKON, NORTHWEST TERRITORIES AND NUNAVUT

4 Wing Cold Lake
Area Support Unit Calgary
Canadian Forces Base Suffield
Canadian Forces Base/Area Support Unit Edmonton
Canadian Forces Base/Area Support Unit Wainwright
Joint Task Force (North) Headquarters

PART 8

NEWFOUNDLAND AND LABRADOR

5 Wing Goose Bay
9 Wing Gander
Canadian Forces Station St. John’s

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Bill S-3, An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act (“the amending Act”) was given Royal Assent on March 29, 2007 (Statutes of Canada, 2007, c. 5). The amendments to the National Defence Act bring the military justice system in harmony with the civilian criminal justice system regarding the registration of offenders who have been convicted of designated sexual offences at court martial. This regulatory initiative establishes the mechanisms by which sex offenders who are subject to the Code of Service Discipline or are officers or non-commissioned members of the Primary Reserve are registered using Canadian Forces registration centres located both in and outside of Canada.

Description and rationale

The national sex offender database was established under the Sex Offender Information Registration Act (SOIRA) on December 15, 2004. The legislation that created the national sex offender database did not include the necessary amendments to the National Defence Act to apply the SOIRA to offenders convicted at court martial. As a result, no one convicted of a designated offence under the National Defence Act can be ordered to register in the national sex offender database.

To rectify this situation, Bill S-3 was introduced to amend the National Defence Act, the Criminal Code, the SOIRA and the Criminal Records Act to bring the military justice system in harmony with the civilian criminal justice system regarding the registration of convicted sex offenders. Bill S-3 was given Royal Assent on March 29, 2007. The amending Act comes into force concurrently with the Sex Offender Information Registration Regulations(Canadian Forces).

The amending Act permits a court martial to order an offender who has been convicted of a designated offence at court martial to register in the national sex offender database. The amendments maintain legal norms in the National Defence Act and the military justice system by ensuring that convictions for similar designated offences have the same effect in the military justice system as in the civilian criminal justice system with respect to the application of the SOIRA. The amending Act also takes in consideration the unique aspects of the military operational environment in order to allow the Canadian Forces to continue to conduct operations to protect Canada’s interests at home and abroad while allowing those who have been ordered to comply with the SOIRA the ability to do so.

The Regulations apply to an offender who is subject to the Code of Service Discipline or who is an officer or non-commissioned member of the Primary Reserve. Overall, the Regulations would mirror the sex offender information registration regulations currently in use in the provinces and territories with certain adjustments to reflect their use in the military justice system.

The Regulations designate registration centres located both in and outside of Canada for the purposes of satisfying the requirements of the SOIRA. The following are designated as registration centres: the Office of the Canadian Forces Provost Marshal in Ottawa, the place located on each Canadian Forces base or wing within Canada that serves as the “station of the military police,” and each place outside of Canada that serves as the station of the military police that is required to carry out law enforcement operations.

As with the sex offender registration regulations in the civilian criminal justice system, the Regulations set out the means for a sex offender to report to a Canadian Forces registration centre. Pursuant to section 4 of the Regulations, the sex offender will first report in person to a Canadian Forces registration centre. If the person fails to report in person, they could be subject to prosecution under the National Defence Act for failure to comply with an order.

With regard to subsequent reporting, as required under the SOIRA, the Regulations allow the offender to report in person to a Canadian Forces registration centre or, in certain circumstances, by telephone, electronic mail or facsimile. These means of subsequent reporting parallel those used in the civilian criminal justice system.

The Regulations also authorize persons to collect and register information under the SOIRA, similar to the provincial and territorial sex offender information registration regulations. In the military justice system, the persons authorized to collect information under the SOIRA are any member of the military police and any person employed by the military police or the Office of the Canadian Forces Provost Marshal whose duties include the collection of information under the SOIRA. The persons who are authorized to collect information are also authorized to register information.

The Regulations also take into account the unique operational environment of the Canadian Forces. In particular, section 227.16 of the National Defence Act of the amending Act provides that the Chief of the Defence Staff has the authority to determine when the communication of certain information required to be disclosed under the SOIRA that relates to an operation could jeopardize national security, international relations or the security of an operation within a “class of operations” designated by regulation. When such a determination is made, the relevant information need not be communicated for inclusion in the database. The Regulations limit the “class of operations” to operations that involve a unit or other element of the Canadian Forces Special Operations Forces Command.

Alternatives

No other alternatives were considered as the amending Act sets forth the legal basis to create regulations pertaining to the SOIRA scheme that are applicable to the military justice system. The Regulations parallel provincial/territorial sex offender information registration regulations in the civilian criminal justice system.

Benefits and costs

The Regulations support the amending Act to bring the military justice system in harmony with the civilian justice system regarding the SOIRA scheme. There are some training costs involved when the sex offender database is operational within the military justice system; however, it is anticipated that such costs will be absorbed within existing departmental reference levels.

Consultation

During the development of Bill S-3, the Departments of Public Safety and Justice were consulted. As the proposed Regulations are specific to the Canadian Forces, the Office of the Judge Advocate General, the Office of the Canadian Forces Provost Marshal, the Commander, Canadian Forces Special Operations Forces Command and counsel from the Department of National Defence/Canadian Forces Legal Advisor were consulted during the development of the Regulations. This regulatory initiative addresses any comments that were received during the consultation process.

Implementation, enforcement and service standards

The Regulations come into force concurrently with the amending Act on September 12, 2008. The Office of the Canadian Forces Provost Marshal is responsible for implementing and enforcing the Regulations within the military justice system.

Contact

Captain Jason Quilliam
Office of the Canadian Forces Provost Marshal
Department of National Defence
101 Colonel By Drive
Ottawa, Ontario
K1A 0K2
Fax: 613-949-1117
Email: Quilliam.JT2@forces.gc.ca

Footnote a
S.C. 2007, c. 5, s. 4

Footnote b
R.S., c. N-5

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