Canada’s National Sex Offender Registry [Alberta Guide]

What is the National Sex Offender Registry (NSOR)?

Canada’s National Sex Offender Registry (NSOR) is a byproduct of the Sex Offender Information Registration Act (SOIRA). In short, NSOR is a database which stores readily accessible data for Canadian policing agencies about convicted persons of certain “designated offences”.

The purpose of NSOR, as described by Parliament, is to:

“help police services prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders”.

Having this information on hand is meant to expedite investigation processes related to sexual crimes,such as sexual assault (s. 271), especially in instances where time is of the essence in an investigative matter.

Canadian law enforcement agencies utilize the database as an investigative tool when trying to identify or confirm suspects of unsolved or ongoing cases. The NSOR makes the information accessible and easy to retrieve.

What is SOIRA?

SOIRA was first enacted in 2004. At this time, a sex offender could be placed in the registry if the Crown prosecutor applied for such an order, and it was approved. Additionally, SOIRA gave judges discretionary privileges to exclude certain offenders from the registry where the effects of the order on the offender’s section 7 Charter rights were grossly disproportionate to the protections the registration would achieve.

However, in 2011, the government amended SOIRA so that anyone convicted of any of the designated offences would be mandated to register. More recently, this was deemed by the Supreme Court of Canada as unconstitutional. In response, the Canadian Senate introduced Bill S-12. That bill became law on October 26, 2023 (read more about this below).

How does the NSOR work?

The reporting requirements of the National Sex Offender Registry are outlined in more detail below.

Who has to report?

Whether you have to register depends on the offence you were convicted of and your history. There are three main situations.

1. Automatic registration

The judge must order you to register, and you cannot ask to be exempted, if:

• You are convicted of a sexual offence against a child and sentenced to two years or more in prison, where the Crown proceeded by indictment; or
• You have previously been convicted of a sexual offence that requires registration (a primary designated offence), or you are already under a registration order.

2. Registration unless you qualify for an exemption

For most other primary designated offences, such as sexual assault, voyeurism, and sharing intimate images without consent, the judge must order you to register unless you can show that:

• Registering you would have no connection to the registry’s purpose, which is to help police prevent and investigate sexual offences; or
• The impact of registration on you would be grossly disproportionate to the public interest.

In deciding whether to grant an exemption, the judge looks at factors such as the seriousness of the offence, your criminal history, your personal circumstances and any evidence about your risk of reoffending.

3. Registration on the Crown’s application

Some offences that are not sexual in themselves, such as murder, manslaughter, kidnapping, or break and enter, are called secondary designated offences.

For these, the judge can only order you to register if:

• The Crown applies for an order, and
• Proves beyond a reasonable doubt that you committed the offence intending to commit a sexual offence.

These rules also apply to people found not criminally responsible on account of mental disorder. The order is made by the sentencing judge. In Alberta, this is a judge of the Alberta Court of Justice or the Court of King’s Bench of Alberta. The full lists of primary and secondary designated offences are set out in section 490.011(1) of the Criminal Code.

How long does the SOIRA reporting obligation last?

The reporting obligation can last from 10 years to life.

How long it lasts usually depends on the maximum sentence for the offence, set out in section 490.013 of the Criminal Code:

• 10 years: if the offence was prosecuted summarily, or its maximum sentence is 2 or 5 years.
• 20 years: if the offence’s maximum sentence is 10 or 14 years.
• Life: if the offence’s maximum sentence is life.
• Life: if you are convicted of two or more designated offences in the same case, unless the judge is satisfied that the offences do not show a pattern of behaviour that increases your risk of reoffending.
• Life: if you have previously been convicted of a primary designated offence, or you were already under a registration order.

In some cases, you can apply to the court to end the order early once a set number of years have passed. A lawyer can tell you when you may be eligible.

Making a report

SOIRA requires that those on the registry do the following:

• Report for the first time to a registration centre (SOIRA s. 4(1)) within 7 days after the making of the order or release from custody (if applicable).
  • Reporting for the first time shall be in person (s. 4(3)).
  • A person is not permitted to leave Canada until they have reported for the first time (s. 4(4)).
• Report within 7 days of changing primary or secondary residence or change their first name or family name (SOIRA s. 4.1(1))
  • Reporting shall be in person unless the regulations permit exceptions
• Upon reporting, provide (SOIRA s. 5(1)):
  • Their given name and surname, and every alias that they use;
  • Their date of birth and gender;
  • The address of their main residence and every secondary residence or, if there is no such address, the location of that place;
  • The address of every place at which they are employed or retained or are engaged on a volunteer basis — or, if there is no address, the location of that place — the name of their employer or the person who engages them on a volunteer basis or retains them and the type of work that they do there;
  • If applicable, their status as an officer or a non-commissioned member of the Canadian Forces within the meaning of subsection 2(1) of the National Defence Act and the address and telephone number of their unit within the meaning of that subsection;
  • The address of every educational institution at which they are enrolled or, if there is no such address, the location of that place;
  • A telephone number at which they may be reached, if any, for every place referred to in paragraphs (c) and (d), and the number of every mobile telephone or pager in their possession;
  • Their height and weight and a description of every physical distinguishing mark that they have; and
  • The licence plate number, make, model, body type, year of manufacture and colour of the motor vehicles that are registered in their name or that they use regularly.
• Give at least 14 days’ notice before travelling, including the specific address of their destination (SOIRA s. 6)

Penalties for failing to report

Sections 490.031(1)-490.0312 of the Criminal Code outline the penalties for both failing to report and for providing false information when reporting:

• For both failure to report or comply with a SOIRA order without reasonable excuse (490.031(1)), as well as providing false information upon reporting (s. 490.0311), a person is liable to a fine of no more than $10,000 and/or a term of imprisonment not exceeding two years if prosecuted by indictment.
• If prosecuted summarily, a person is liable to a fine of no more than $10,000 and/or a term of imprisonment not exceeding two years less a day.

Bill S-12 Amendments to SOIRA

Bill S-12 received Royal Assent and became law on October 26, 2023.

This Bill amended the Criminal Code and the Sex Offender Information Registration Act among other things. Bill S-12 was introduced as a response to the Supreme Court of Canada’s (SCC) decision in R v Ndhlovu, 2022 SCC 38, which was in the Fall of 2022. The SCC found that automatic registration of all people convicted of sexual crimes and mandatory lifetime registration for individuals convicted of more than one sexual offence is overbroad, does not fulfill the purpose of SOIRA, and therefore, is unconstitutional.

Specifically, the court found that ss. 490.012 and 490.013(2.1) were unconstitutional and of no force and effect. The Court suspended its ruling on automatic registration (section 490.012) for one year to give Parliament time to respond. The ruling only applied to future cases, so people who were already registered stayed on the registry. Bill S-12 then created a process that allows some of these people to apply for an exemption. The Court’s ruling on automatic lifetime registration (section 490.013(2.1)) took effect immediately and also applied to past cases.

Bill S-12 amended the provisions at issue in Ndhlovu to align the approach to registration and mandatory lifetime orders with the constitutional principles articulated by the SCC. Bill S-12 also amended the Criminal Code and SOIRA to improve the operation and effectiveness of the sex offender registration regime.

Specifically, the new legislation was designed to:

• Add offences to the list of designated offences that can form the basis of an order under SOIRA, including the offence of non-consensual distribution of intimate images;
• Amend the offence of providing misleading information under SOIRA to clarify that it applies to the enhanced notification obligations requiring child sex offenders to provide certain information to registry officials when they travel;
• Enact a new arrest warrant scheme to facilitate compliance with reporting obligations under SOIRA;
• Create a new summons power to compel a person who has been convicted or found not criminally responsible for a designated offence to appear at a hearing to determine whether a SOIRA order should be made;
• Amend the Criminal Code to require offenders convicted of sexual offences outside of Canada to provide more information to police about their convictions and contact information;
• Amend the provisions in SOIRA that require registered offenders to provide notice before they travel to include a requirement that notice be given at least 14 days before the travel period, and to specify in greater detail what information it must include;
• Amend SOIRA to permit disclosure of sex offender registration information in circumstances where it is necessary to verify a registered sex offender’s compliance with their reporting obligations or to obtain a compliance warrant; and
• Amend the Criminal Code provisions governing publication bans and victims’ right to information, and would increase the maximum penalty for the offence of sexual exploitation of a person with a disability.

The Supreme Court had given Parliament until October 28, 2023 to respond. Because Bill S-12 became law two days before that deadline, courts have been able to continue making SOIRA orders without a gap.

Frequently Asked Questions