section 490.021(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the consequences of failing to comply with certain provisions of the Ontario Act related to sex offender information registration.

SECTION WORDING

490.021(4) If a person referred to in paragraph 490.02(1)(b) is in compliance with section 3 and subsection 7(2) of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force but fails to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after that day, the notice shall be served within one year after the day on which they failed to comply and may be served by registered mail at their last known address.

EXPLANATION

Section 490.021(4) of the Criminal Code of Canada is a provision that deals with the registration of sex offenders. It is specifically aimed at those who were already subject to registration under the Ontario Act on the day that the Sex Offender Information Registration Act (SOIRA) came into force. The section provides that if a person is already complying with section 3 and subsection 7(2) of the Ontario Act when SOIRA comes into force, they must continue to comply with those provisions in order to avoid being in breach of the new law. However, if they fail to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after the day that SOIRA comes into force, they may be subject to a notice requiring them to comply with those provisions. This notice can be served by registered mail at their last known address. In other words, this provision is designed to ensure that registered sex offenders in Ontario continue to comply with their obligations under the existing legislation, even after the implementation of SOIRA. It also establishes a clear process for notifying those who have failed to comply with these obligations, giving them an opportunity to rectify the situation before facing further consequences. Overall, section 490.021(4) is an important component of Canada's approach to managing the risk posed by sex offenders. It helps to ensure that those who are subject to registration requirements remain accountable for their actions and are held responsible for complying with their legal obligations.

COMMENTARY

Section 490.021(4) of the Criminal Code of Canada deals with the consequences of non-compliance with the Ontario Act by a person referred to in paragraph 490.02(1)(b) on the day when the Sex Offender Information Registration Act comes into force. This provision lays down that if a person referred to in paragraph 490.02(1)(b) is found to be in compliance with section 3 and subsection 7(2) of the Ontario Act on the day when the Sex Offender Information Registration Act comes into force and fails to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after that day, the notice shall be served within one year after the day on which they failed to comply, and it may be served by registered mail at their last known address. This provision seeks to ensure that offenders who are required to comply with the Ontario Act are held to this obligation and do not breach it without facing the consequences. The notice referred to in Section 490.021(4) is a notice which informs the offender that they have failed to comply with the Ontario Act and, accordingly, puts them on notice that they now have to comply or face consequences for failing to comply. The consequence of non-compliance with the Ontario Act by a person referred to in paragraph 490.02(1)(b) is that they may be found guilty of an offence under Section 490.031 of the Criminal Code of Canada. This offence attracts various penalties and consequences, including potential imprisonment. Importantly, Section 490.021(4) stresses that the notice regarding non-compliance with the Ontario Act may be served by registered mail at the offender's last known address. This provision is indicative of the need to ensure that offenders comply with the Ontario Act, even if they have moved or are no longer residing at the address where they were last registered. This provision is significant because it ensures that offenders are accountable for their actions, and that they cannot absolve themselves of their obligations under the Ontario Act simply by moving or failing to notify authorities of their change of address. Overall, Section 490.021(4) is a critical provision in the Criminal Code of Canada as it forms part of the regime which seeks to ensure that sex offenders comply with their obligations under the Ontario Act, and thus, decrease the risks of reoffending. The provision is a necessary safeguard to protect vulnerable individuals from further harm while recognising the importance of due process and accountability for offenders.

STRATEGY

Section 490.021(4) of the Criminal Code of Canada presents several strategic considerations when dealing with sex offender information registration. The law requires that individuals comply with section 3 and subsection 7(2) of the Ontario Act on the day the Sex Offender Information Registration Act comes into force. Failure to comply with the provisions within one year after the designated date may lead to the serving of a notice by registered mail at their last known address. As such, several strategies could be employed to manage compliance with this provision. The first strategic consideration is the necessity of compliance with the Ontario Act. The act mandates the registration of certain information by individuals who have been convicted of sexual offenses. The registration process is a critical component of the management of sex offenders in Ontario, as the information provided can be used by law enforcement officers to identify and monitor offenders. Consequently, it is essential to encourage compliance with this provision of the law. Secondly, there is a need for awareness on the part of the individuals affected by this provision; this includes convicted offenders, lawyers, law enforcement agencies, and the general public. Individuals need to be aware of their obligations regarding registration and the consequences of noncompliance. Awareness could be created through communications campaigns, public service announcements, and legal education programs. Thirdly, effectiveness in enforcing the law is necessary to encourage compliance. This could be achieved through effective regulatory supervision. The responsible agency could develop a strategy for monitoring registered offenders who are in compliance with the law and establish sanctions for violators. Proactive enforcement measures could include regular monitoring of registered offenders, establishing a hotline for reporting noncompliance, and regular visits to verify the accuracy of information provided. Another strategy is the provision of supports for offenders who may face challenges in complying with the law. The law requires individuals to provide accurate and up-to-date information on their whereabouts and a range of other details. Some individuals may face difficulty in getting the necessary documentation or the required information, especially if they are homeless or do not have a fixed address. Support could be provided by the local community, registered organizations such as churches, and other civil society organizations. Finally, the strategy of collaboration could be employed. Key stakeholders could collaborate to coordinate and facilitate the process of registering sex offenders. These could include law enforcement agencies, offender supervision services, and civil society organizations. Collaboration could help ensure that the registration process is not cumbersome and that offenders can obtain the support they need to comply with the law. In conclusion, managing compliance with section 490.021(4) of the Criminal Code of Canada requires strategic considerations. Effective compliance requires a combination of measures targeted at enhancing awareness, effective enforcement, provision of support to offenders facing challenges, and collaboration among key stakeholders. Proactive measures that foster compliance could help enhance the protection of minors and other vulnerable groups.