Canada’s Sex Offender Registry: Who Must Register and for How Long

A designated offence listed in s. 490.011(1) of the Criminal Code. Primary offences include sexual assault, sexual interference, invitation to sexual touching, sexual exploitation, incest, bestiality, child sexual abuse and exploitation material (formerly called child pornography), exposure to a child under 16, and publishing or threatening to publish an intimate image. Secondary offences, such as voyeurism, lead to an order only if the Crown proves they were committed with the intent to commit a primary offence.

In most cases, yes. From April 15, 2011 the order was automatic, but the Supreme Court struck that down in R v Ndhlovu, 2022 SCC 38. Since October 26, 2023, the order is mandatory only where the offence was prosecuted by indictment with a sentence of two years or more and a victim under 18, or where the person has a previous primary offence or registry order. In every other case the judge makes the order unless the person establishes that it has no connection to its purpose or would be grossly disproportionate (s. 490.012).

No. Receiving an absolute discharge or conditional discharge for a designated offence will avoid the requirements of the sex offender registry, because the order is made when a court imposes a sentence and a discharged person is deemed not to have been convicted (s. 730(3)). A person found not criminally responsible on account of mental disorder is different: the judge makes the order unless the person establishes one of the grounds for an exemption (s. 490.012(3)).

No, unless they receive an adult sentence. SOIRA doesn't apply to a young person found guilty of a designated sexual offence unless the young person is sentenced as an adult (s. 490.011(2)).

It can. Exposing one’s sexual organs for a sexual purpose to a person under 16 (s. 173(2)) is a primary offence. An indecent act in public (s. 173(1)) is a secondary offence, so an order needs the Crown to prove it was committed with the intent to commit a primary offence.

Name and aliases, date of birth, every residence, telephone numbers, where they work, volunteer or study, height, weight and identifying marks such as tattoos or scars, vehicle details, and driver’s licence and passport numbers (SOIRA s. 5). Police may take a photograph. The offence and the order are registered from the court record.

In person within seven days of the order or of release from custody, then every year in the 30 days before the anniversary of the day that first report was due, and within seven days of any change of address, name, vehicle, driver’s licence, passport or work details. They must give at least 14 days’ notice before being away from home for seven or more days in a row, in Canada or abroad.

Ten years, twenty years or for life depending on the type of crime they committed. The length follows the offence’s maximum sentence: 10 years for a summary conviction or a maximum of 2 or 5 years, 20 years for a maximum of 10 or 14 years, and life for a maximum of life, a previous sexual offence or order, or several offences showing a pattern of increased risk (s. 490.013).

Until 50 years after the person’s death, even after the term of reporting has ended (SOIRA s. 15(1)). Before October 26, 2023 the Act said “indefinitely”. It is destroyed only after a final acquittal, a free pardon, an expungement order or certain exemption orders.

Failing to comply without a reasonable excuse is a criminal offence, and so is knowingly giving false or misleading information. Each carries up to two years’ imprisonment, a fine of up to $10,000, or both (ss. 490.031, 490.0311).

Police, for preventing and investigating crimes of a sexual nature and checking compliance, and a few other authorised bodies such as the Canada Border Services Agency. At this time, the public does not have access to the information contained on the National Sexual Offender Registry.

No. Neither the national registry nor Ontario’s own registry under Christopher’s Law is open to the public. Both are police databases.

Yes. A person may apply for a termination order after 5 years for a 10-year order, after 10 years for a 20-year order, and after 20 years for a lifetime order (s. 490.015(1)). Regardless of the period of time that has elapsed, a person may apply for early termination of the order once they receive a pardon or once a record suspension is granted.

The judge must be satisfied that the person has established that continuing the order would have no connection to helping police prevent or investigate sexual crimes, or that its impact on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature (s. 490.016). The court weighs the offence, the victim, the relationship, the person’s circumstances and history, and expert opinion.

Yes. The prosecutor or the person subject to the order can appeal the decision to make, or not make, an order, or its length, on a question of law or mixed law and fact (s. 490.014).