C-26
Second Session, Forty-first Parliament,
62-63 Elizabeth II, 2013-2014
HOUSE OF COMMONS OF CANADA
BILL C-26
An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts
first reading, February 26, 2014
MINISTER OF JUSTICE
90711
SUMMARY
This enactment amends the Criminal Code to
(a) increase mandatory minimum penalties and maximum penalties for certain sexual offences against children;
(b) increase maximum penalties for violations of prohibition orders, probation orders and peace bonds;
(c) clarify and codify the rules regarding the imposition of consecutive and concurrent sentences;
(d) require courts to impose, in certain cases, consecutive sentences on offenders who commit sexual offences against children; and
(e) ensure that a court that imposes a sentence must take into consideration evidence that the offence in question was committed while the offender was subject to a conditional sentence order or released on parole, statutory release or unescorted temporary absence.
It amends the Canada Evidence Act to ensure that spouses of the accused are competent and compellable witnesses for the prosecution in child pornography cases.
It also amends the Sex Offender Information Registration Act to increase the reporting obligations of sex offenders who travel outside Canada.
It enacts the High Risk Child Sex Offender Database Act to establish a publicly accessible database that contains information — that a police service or other public authority has previously made accessible to the public — with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.
Finally, it makes consequential amendments to other Acts.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
BILL C-26
An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Tougher Penalties for Child Predators Act.
R.S., c. C-46
CRIMINAL CODE
2012, c. 1, s. 11
2. Paragraphs 151(a) and (b) of the Criminal Code are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to impris-onment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
2012, c. 1, s. 12
3. Paragraphs 152(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to impris-onment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
2012, c. 1, s. 13
4. Paragraphs 153(1.1)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to impris-onment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
2012, c. 1, s. 15
5. Paragraph 160(3)(a) of the Act is replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
1993, c. 45, s. 1
6. Paragraphs 161(4)(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
1993, c. 46, s. 2; 2005, c. 32, s. 7(2) and (3); 2012, c. 1, s. 17(1) and (2)
7. (1) Subsections 163.1(2) and (3) of the Act are replaced by the following:
Making child pornography
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
Distribution, etc. of child pornography
(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
2012, c. 1, s. 17(3)
(2) Paragraphs 163.1(4)(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
2012, c. 1, s. 17(4)
(3) Paragraphs 163.1(4.1)(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
2005, c. 32, s. 9.1; 2012, c. 1, s. 19
8. Section 170 of the Act is replaced by the following:
Parent or guardian procuring sexual activity
170. Every parent or guardian of a person under the age of 18 years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
2005, c. 32, s. 9.1; 2008, c. 6, par. 54(g); 2012, c. 1, s. 20
9. Section 171 of the Act is replaced by the following:
Householder permitting prohibited sexual activity
171. Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of 18 years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
2012, c. 1, s. 21
10. Paragraphs 171.1(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of six months; or
(b) is guilty of an offence punishable on summary conviction and is liable to impris-onment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
2012, c. 1, s. 22(2)
11. Paragraphs 172.1(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to impris-onment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
2012, c. 1, s. 23
12. Paragraphs 172.2(2)(a) and (b) of the Act are replaced by the following:
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to impris-onment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
2005, c. 32, s. 10.1(2)
13. Subsection 212(4) of the Act is replaced by the following:
Offence — prostitution of person under 18
(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a) in the case of a first offence, six months; and
(b) in the case of a second or subsequent offence, one year.
Sequence of convictions only
(5) For the purposes of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
2012, c. 1, s. 25
14. Paragraphs 271(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
2012, c. 1, s. 26
15. Paragraph 272(2)(a.2) of the Act is replaced by the following:
(a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and
16. Paragraph 718.2(a) of the Act is amended by striking out “or” at the end of subparagraph (iv), by adding “or” at the end of subparagraph (v) and by adding the following after subparagraph (v):
(vi) evidence that the offence was committed while the offender was subject to a conditional sentence order made under section 742.1 or released on parole, statutory release or unescorted temporary absence under the Corrections and Conditional Release Act
2002, c. 1, s. 182
17. Subsection 718.3(4) of the Act is replaced by the following:
Cumulative punishments
(4) The court that sentences an accused shall consider directing
(a) that the term of imprisonment that it imposes be served consecutively to a sentence of imprisonment to which the accused is subject at the time of sentencing; and
(b) that the terms of imprisonment that it imposes at the same time for more than one offence be served consecutively, including when
(i) the offences do not arise out of the same event or series of events,
(ii) one of the offences was committed while the accused was on judicial interim release, including pending the determination of an appeal, or
(iii) one of the offences was committed while the accused was fleeing from a peace officer.
Cumulative punishments — fines
(5) For the purposes of subsection (4), a term of imprisonment includes imprisonment that results from the operation of subsection 734(4).
Cumulative punishments — youth
(6) For the purposes of subsection (4), a sentence of imprisonment includes
(a) a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985;
(b) a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act; and
(c) a sentence that results from the operation of subsection 743.5(1) or (2).
Cumulative punishments — sexual offences against children
(7) When a court sentences an accused at the same time for more than one sexual offence committed against a child, the court shall direct
(a) that a sentence of imprisonment it imposes for an offence under section 163.1 be served consecutively to a sentence of imprisonment it imposes for a sexual offence under another section of this Act committed against a child; and
(b) that a sentence of imprisonment it imposes for a sexual offence committed against a child, other than an offence under section 163.1, be served consecutively to a sentence of imprisonment it imposes for a sexual offence committed against another child other than an offence under section 163.1.
1995, c. 22, s. 6
18. Paragraphs 733.1(1)(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months, or to a fine of not more than $5000, or to both.
1994, c. 44, s. 82
19. Paragraphs 811(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
R.S., c. C-5
CANADA EVIDENCE ACT
2002, c. 1, s. 166
20. Subsection 4(2) of the Canada Evidence Act is amended by replacing “170” with “163.1, 170”.
2004, c. 10
SEX OFFENDER INFORMATION REGISTRATION ACT
21. Subsection 3(1) of the Sex Offender Information Registration Act is amended by adding the following in alphabetical order:
“sexual offence against a child”« infraction sexuelle visant un enfant »
“sexual offence against a child” means a designated offence as defined in subsection 490.011(1) of the Criminal Code that is committed against a person who is under 18 years of age.
22. Subsection 4.1(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) within seven days after they receive a driver’s licence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it;
(b.2) within seven days after they receive a passport or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it; and
23. Subsection 5(1) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):
(i) the licence number and the name of the issuing jurisdiction of every driver’s licence that they hold; and
(j) the passport number and the name of the issuing jurisdiction of every passport that they hold.
2010, c. 17, s. 36
24. (1) The portion of subsection 6(1) of the Act before paragraph (c) is replaced by the following:
Notification of absence
6. (1) Subject to subsection (1.1), a sex offender other than one who is referred to in subsection (1.01) shall notify a person who collects information at the registration centre referred to in section 7.1
(a) before the sex offender’s departure — of the dates of their departure and return and of every address or location at which they expect to stay in Canada or outside Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;
(b) within seven days after their departure — of the date of their return and of every address or location at which they are staying in Canada or outside Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); and
(2) Section 6 of the Act is amended by adding the following after subsection (1):
Sex offender convicted of sex offence against child
(1.01) Subject to subsection (1.1), a sex offender who is convicted of a sexual offence against a child shall notify a person who collects information at the registration centre referred to in section 7.1
(a) before the sex offender’s departure — of the dates of their departure and return and of every address or location at which they expect to stay in Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;
(b) before their departure, of the dates of their departure and return and of every address or location at which they expect to stay outside Canada;
(c) within seven days after their departure — of the date of their return and of every address or location at which they are staying in Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a);
(d) without delay, after their departure — of the date of their return and of every address or location at which they are staying outside Canada — if they decide, after departure, to extend their stay beyond the date of return that they indicated in the notification they gave under paragraph (b) or if they have not given a notification under paragraph (b); and
(e) of a change in address, location or date, before their departure or
(i) if the change is made after their departure and they are staying in Canada, within seven days after the date on which the change is made, or
(ii) if the change is made after their departure and they are staying outside Canada, without delay after the date on which the change is made.
25. Section 8.1 of the Act is amended by adding the following after subsection (5):
Registration of information — Canada Border Services Agency
(5.1) A person who registers information for the Commissioner of the Royal Canadian Mounted Police may register in the database the information disclosed to the Commissioner under subsection 15.2(2).
2010, c. 17, s. 43
26. The heading before section 15.1 of the Act is replaced by the following:
AUTHORITY TO COLLECT OR DISCLOSE INFORMATION
27. The Act is amended by adding the following after section 15.1:
Canada Border Services Agency — collection of information
15.2 (1) The Canada Border Services Agency may assist a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence by collecting the information disclosed to it under paragraph 16(4)(j.2) or (j.3) as well as the following information with respect to any sex offender who is the subject of a disclosure made under those paragraphs:
(a) the date of their departure from Canada;
(b) the date of their return to Canada; and
(c) every address or location at which they have stayed outside Canada.
Canada Border Services Agency — disclosure of information
(2) The Canada Border Services Agency may, in assisting the member or employee of, or person retained by, a police service referred to in subsection (1), disclose to the Commissioner of the Royal Canadian Mounted Police any information collected under paragraphs (1)(a) to (c).
28. (1) Subsection 16(3) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(b.1) the information was collected under subsection 15.2(1) and they compare it with other information for the purpose of assisting a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence; or
(2) Subsection 16(3.1) of the Act is amended by striking out “or” at the end of paragraph (a.2) and by adding the following after paragraph (a.2):
(a.3) the information was collected under subsection 15.2(1) and they combine it with information contained in a computer system of the Canada Border Services Agency for the purpose of assisting a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence; or
(3) Subsection 16(4) of the Act is amended by striking out “or” at the end of paragraph (j.1) and by adding the following after that paragraph:
(j.2) unless the disclosure is to the Canada Border Services Agency, is limited to the information referred to in paragraphs 5(1)(a), (b), (i) and (j) and is necessary to assist a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence;
(j.3) unless the disclosure is to the Canada Border Services Agency, relates to a sex offender who is convicted of a sexual offence against a child and who poses a high risk of committing a crime of a sexual nature, is limited to the information referred to in paragraphs 5(1)(a), (b), (i) and (j) and is made for the purpose of assisting a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence; or
HIGH RISK CHILD SEX OFFENDER DATABASE ACT
Enactment of Act
29. The High Risk Child Sex Offender Database Act is enacted as follows:
An Act respecting the establishment of a publicly accessible database containing information with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature
SHORT TITLE
Short title
1. This Act may be cited as the High Risk Child Sex Offender Database Act.
INTERPRETATION
Definitions
2. (1) The following definitions apply in this Act.
“sexual offence against a child”« infraction sexuelle visant un enfant »
“sexual offence against a child” means a designated offence as defined in subsection 490.011(1) of the Criminal Code that is committed against a person who is under 18 years of age.
“Commissioner”« commissaire »
“Commissioner” means the Commissioner of the Royal Canadian Mounted Police.
Interpretation — crime of a sexual nature
(2) For the purposes of this Act, a crime is of a sexual nature if it consists of one or more acts that
(a) are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature; and
(b) constitute an offence.
Interpretation — young person
(3) For the purposes of this Act, a reference to a person who is found guilty of a sexual offence against a child does not include
(a) a young person as defined in subsection 2(1) of the Youth Criminal Justice Act who has been found guilty of a sexual offence against a child unless they are given an adult sentence as defined in that subsection for the offence; or
(b) a young person as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, who has been found guilty of a sexual offence against a child unless they are found guilty of the offence in ordinary court as defined in that subsection.
PURPOSE
Purpose
3. The purpose of this Act is to enhance public safety by establishing a publicly accessible database that contains information with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.
DATABASE
Establishment
4. (1) The Commissioner must establish and administer a publicly accessible database that contains information with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.
Commissioner’s duties
(2) The Commissioner’s duties under this Act may be performed on behalf of the Commissioner by any person who is authorized by the Commissioner to perform those duties.
Content of database
5. The database must contain only information, with respect to any person referred to in subsection 4(1), that a police service or other public authority has previously made accessible to the public, including:
(a) their given name and surname, and any alias that they use;
(b) their date of birth;
(c) their gender;
(d) their physical description, including any physical distinguishing mark that they have;
(e) a photograph of them;
(f) a description of offences they have committed;
(g) any condition to which they are subject; and
(h) the name of the city, town, municipality or other organized district in which they reside.
Prior notification
6. The Commissioner must, before including the given name and surname of a person referred to in subsection 4(1) in the database, take reasonable steps to notify that person that information with respect to them is to be included in the database and allow that person to make representations concerning the matter.
Removal of information
7. (1) On the receipt of an application in writing by a person referred to in subsection 4(1), the Commissioner must decide whether there are reasonable grounds to remove information with respect to that person from the database.
Deeming
(2) If the Commissioner does not make a decision on the application within the period prescribed by regulation, the Commissioner is deemed to have decided not to remove the information in question.
Notice of decision to applicant
(3) The Commissioner must give notice without delay to the applicant of any decision made or deemed to have been made respecting the application.
Judicial review
(4) Within 60 days after receipt of the notice of the decision, the applicant may apply to the Federal Court for judicial review of the decision.
Regular review of information
8. Within the period prescribed by regulation after the establishment of the database, and at prescribed intervals after that, the Commissioner must review the information in the database to determine whether the information should still be maintained in the database. The review does not affect the validity of the database.
Non-derogation
9. Nothing in this Act affects any authority of the Royal Canadian Mounted Police under another Act of Parliament or an Act of a provincial legislature or at common law to disclose information.
Immunity
10. No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done or omitted to be done in good faith under this Act.
REGULATIONS
Governor in Council
11. The Governor in Council may make regulations
(a) establishing the criteria for determining whether a person who is found guilty of a sexual offence against a child poses a high risk of committing a crime of a sexual nature; and
(b) prescribing anything that, by this Act, is to be prescribed.
CONSEQUENTIAL AMENDMENTS
R.S., c. C-46
Criminal Code
2010, c. 17, s. 21(2)
30. Subsection 490.031(3) of the Criminal Code is replaced by the following:
Proof of certain facts by certificate
(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
2007, c. 5, s. 29
31. The portion of section 490.0311 of the Act before paragraph (a) is replaced by the following:
Offence
490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) or (1.01) of the Sex Offender Information Registration Act is guilty of an offence and liable
R.S., c. N-5
National Defence Act
2010, c. 17, s. 45(2)
32. Subsection 119.1(3) of the National Defence Act is replaced by the following:
Proof of certain facts by certificate
(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
COORDINATING AMENDMENTS
Bill C-13
33. If Bill C-13, introduced in the 2nd session of the 41st Parliament and entitled the Protecting Canadians from Online Crime Act, receives royal assent, then, on the first day on which both section 3 of that Act and section 6 of this Act are in force, paragraphs 162.2(4)(a) and (b) of the Criminal Code are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
COMING INTO FORCE
Order in council
34. The provisions of this Act, other than section 33, come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
Explanatory Notes
Criminal Code
Clause 2: Existing text of section 151:
151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
Clause 3: Existing text of section 152:
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
Clause 4: Existing text of subsection 153(1.1):
(1.1) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
Clause 5: Relevant portion of subsection 160(3):
(3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
Clause 6: Existing text of subsection 161(4):
(4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Clause 7: (1) to (3) Existing text of subsections 163.1(2) to (4.1):
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.
(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.
(4) Every person who possesses any child pornography is guilty of
(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
(4.1) Every person who accesses any child pornography is guilty of
(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
Clause 8: Existing text of section 170:
170. Every parent or guardian of a person under the age of eighteen years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable
(a) to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year if the person procured is under the age of 16 years; or
(b) to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months if the person procured is 16 years of age or more but under the age of 18 years.
Clause 9: Existing text of section 171:
171. Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of eighteen years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable
(a) to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months if the person in question is under the age of 16 years; or
(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of 90 days if the person is 16 years of age or more but under the age of 18 years.
Clause 10: Existing text of subsection 171.1(2):
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.
Clause 11: Existing text of subsection 172.1(2):
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
Clause 12: Existing text of subsection 172.2(2):
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
Clause 13: Existing text of subsection 212(4):
(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months.
Clause 14: Existing text of section 271:
271. Everyone who commits a sexual assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.
Clause 15: Relevant portion of subsection 272(2):
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
... 
(a.2) if the complainant is under the age of 16 years, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of five years; and
Clause 16: Relevant portion of section 718.2:
718.2 A court that imposes a sentence shall also take into consideration the following principles:
(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
... 
Clause 17: Existing text of subsection 718.3(4):
(4) The court or youth justice court that sentences an accused may direct that the terms of imprisonment that are imposed by the court or the youth justice court or that result from the operation of subsection 734(4) or 743.5(1) or (2) shall be served consecutively, when
(a) the accused is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed;
(b) the accused is found guilty or convicted of an offence punishable with both a fine and imprisonment and both are imposed;
(c) the accused is found guilty or convicted of more than one offence, and
(i) more than one fine is imposed,
(ii) terms of imprisonment for the respective offences are imposed, or
(iii) a term of imprisonment is imposed in respect of one offence and a fine is imposed in respect of another offence; or
(d) subsection 743.5(1) or (2) applies.
Clause 18: Existing text of subsection 733.1(1):
733.1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding eighteen months, or to a fine not exceeding two thousand dollars, or both.
Clause 19: Existing text of section 811:
811. A person bound by a recognizance under section 83.3, 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Canada Evidence Act
Clause 20: Existing text of subsection 4(2):
(2) The wife or husband of a person charged with an offence under subsection 136(1) of the Youth Criminal Justice Act or with an offence under any of sections 151, 152, 153, 155 or 159, subsection 160(2) or (3), or sections 170 to 173, 179, 212, 215, 218, 271 to 273, 280 to 283, 291 to 294 or 329 of the Criminal Code, or an attempt to commit any such offence, is a competent and compellable witness for the prosecution without the consent of the person charged.
Sex Offender Information Registration Act
Clause 21: New.
Clause 22: Relevant portion of subsection 4.1(1):
4.1 (1) A sex offender shall subsequently report to the registration centre referred to in section 7.1,
Clause 23: Relevant portion of subsection 5(1):
5. (1) When a sex offender reports to a registration centre, they shall provide the following information to a person who collects information at the registration centre:
Clause 24: (1) Relevant portion of subsection 6(1):
6. (1) Subject to subsection (1.1), a sex offender shall notify a person who collects information at the registration centre referred to in section 7.1
(a) before their departure — of the estimated dates of their departure and return and of every address or location at which they expect to stay in Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;
(b) within seven days after the date of their departure — of the estimated date of their return and, if the sex offender is in Canada, of their address or location — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); and
(2) New.
Clause 25: New.
Clause 26: Existing text of the heading:
AUTHORITY TO RELEASE INFORMATION
Clause 27: New.
Clause 28: (1) Relevant portion of subsection 16(3):
(3) No person shall compare any information that is collected under this Act or registered in the database with any other information unless
(2) Relevant portion of subsection 16(3.1):
(3.1) No person shall, by electronic means, combine any information that is collected under this Act or registered in the database with, or link it to, any other information contained in a computer system within the meaning of subsection 342.1(2) of the Criminal Code unless
(3) Relevant portion of subsection 16(4):
(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,
Clause 30: Existing text of subsection 490.031(3):
(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
Clause 31: Relevant portion of section 490.0311:
490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) of the Sex Offender Information Registration Act is guilty of an offence and liable
National Defence Act
Clause 32: Existing text of subsection 119.1(3):
(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.