Call: 416.605.4811
Weisberg Logo

The National Sex Offender Registry: Existing Rules and New Developments

Since 2004, the Government of Canada has maintained a National Sex Offender Registry (NSOR) containing detailed personal information about individuals convicted of designated sexual offences. Conviction for most of these offences triggers a mandatory order to report regularly to the registry.

Recently, the Government of Canada proposed changes to strengthen the National Sex Offender Registry, restore automatic registration provisions, and expand certain reporting obligations—particularly around travel and identification documents. These amendments were introduced in response to a Supreme Court decision and aim to improve the registry’s effectiveness and its responsiveness to victims.

This article provides a general overview of Canada’s sex offender registry landscape, including current reporting obligations, recent legal developments, and how these systems differ at the provincial level in Ontario. If you’ve been charged with a sexual offence or are currently subject to a reporting order, legal advice from an experienced lawyer is strongly recommended.

Does Canada Have a Sex Offender Registry?

Yes. Canada operates a national sex offender registry, established under the Sex Offender Information Registration Act (SOIRA). It is managed by the Royal Canadian Mounted Police (RCMP) and is known as the National Sex Offender Registry.

This registry is not public. It is used exclusively by law enforcement to monitor offenders and assist in the investigation of sexual crimes, particularly those against children. More on that can be found in the RCMP’s official description of the Sex Offender Management Program.

Who Must Report to the National Sex Offender Registry?

Reporting obligations arise during sentencing for a “designated offence,” which includes most sexual offences and some non-sexual crimes with a sexual component. For most designated offences, the judge is legally required to issue a SOIRA order, mandating compliance with reporting obligations.

In addition, anyone convicted of a comparable offence outside Canada who transfers into the country to serve their sentence may also be subject to this requirement.

How Long Do Reporting Obligations Last?

The duration of the reporting requirement depends on the severity of the offence:

  • 10 years for offences with a maximum sentence under 10 years.
  • 20 years for offences with a maximum sentence of 10–14 years.
  • Life for offences with a maximum sentence of life imprisonment or where there are multiple convictions.

Early termination is possible. An application can be made to a court after a prescribed period (5 years, 10 years, or 20 years, respectively) depending on the original term of the order.

What Information Is Collected?

Offenders must provide a wide range of identifying information, including:

  • Legal name and aliases
  • Date of birth
  • Primary and secondary addresses
  • Employment or volunteer locations
  • A current photograph
  • Physical descriptors (e.g., scars or tattoos)
  • Vehicle registration data
  • Travel plans (for absences longer than seven days)

Initial reporting must be completed within seven days of sentencing or release, with annual updates required every 11 to 12 months. Reporting is also mandatory within seven days of any relevant changes (e.g., address or name).

Importantly, this information is not available to the public. Unauthorized access or disclosure is a criminal offence under the Sex Offender Information Registration Act (SOIRA).

What Happens If You Fail to Report?

Failure to comply with SOIRA obligations, or knowingly providing false information, constitutes a separate criminal offence. Penalties can include:

  • Fines up to $10,000
  • Imprisonment for up to two years
  • Or both

The Ontario Sex Offender Registry

Ontario maintains its own sex offender registry under Christopher’s Law (2000). It operates in parallel to the national system but is governed separately.

Under this law, anyone convicted of a sexual offence who resides in Ontario must report to the Ontario Sex Offender Registry (OSOR). Like the federal registry, the Ontario sex offender registry is not public, and access is limited to law enforcement.

You can read the detailed regulations under the Ontario Sex Offender Information Registration Regulations.

Why Is the Sex Offender Registry Not Public in Canada?

A frequent question is: why is the sex offender registry not public in Canada? The answer lies in balancing public safety with individual privacy and the risk of vigilantism. Courts have upheld that unrestricted public access may lead to harassment, discrimination, or worse, which could undermine rehabilitation efforts and even public safety.

The Supreme Court of Canada has weighed in on various registry-related cases, affirming that constitutional rights must be upheld, even for those convicted of serious crimes. Recent legislative proposals have not altered this policy—there are still no provisions in Canadian law to make the sex offender registry public.

Proposed Changes in 2023: Enhancing the Existing Registry

In April 2023, the federal government introduced legislation to amend both the Criminal Code and the Sex Offender Information Registration Act (SOIRA) in response to a Supreme Court decision in R. v. Ndhlovu. These proposed changes focus on restoring and strengthening automatic registration provisions that had been struck down, and improving public safety tools available to law enforcement.

Key elements of the proposal include:

  • Restoring automatic registration for individuals convicted of designated sexual offences (which had been found unconstitutional without judicial discretion).
  • Increasing transparency for victims, including reforms to publication ban rules to ensure victims are informed and empowered to share their stories if they choose.
  • Enhancing reporting requirements under SOIRA, particularly in relation to:
    • Advance notice of travel, including departure and return dates and the address of any location where the individual will be staying if away from home for seven or more days.
    • Notification upon receiving a new driver’s licence or passport.

Importantly, despite some media speculation and public interest, there is no current plan to create a publicly accessible sex offender registry or Canada sex offender registry map. The national registry remains accessible only to law enforcement and other authorized entities.

For full details on the proposed amendments, visit the Department of Justice Canada’s official release.

Key Takeaways on Canada’s Sex Offender Registries

  • Canada maintains a national sex offender registry (NSOR) under the Sex Offender Information Registration Act (SOIRA), containing personal data on individuals convicted of designated sexual offences.
  • The registry is not public. Only police and select law enforcement agencies can access it. Sharing this information without authorization is a criminal offence.
  • Reporting obligations are court-mandated and depend on the severity and number of offences:
    • 10 years, 20 years, or life
    • Annual updates and reports are required, along with updates after changes to address, name, or documents.
  • Ontario operates a separate sex offender registry governed by Christopher’s Law, with similar reporting rules. Like the national registry, it is not public.
  • There is no public sex offender registry or map in Canada at this time. The question, “Is the Ontario sex offender registry public?” or “Why is the sex offender registry not public in Canada?” stems from legal protections around privacy and safety.
  • Proposed 2023 legislative changes would restore automatic registration and expand certain reporting obligations but do not include a public registry component.
  • Failure to comply with registry obligations—including failing to report or providing false information—can result in fines up to $10,000 and/or imprisonment.

Leave a Reply

Your email address will not be published. Required fields are marked *