SOIRA Orders

This page was last substantively updated or reviewed October 2023. (Rev. # 87540)

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SOIRA Orders

The SOIRA provisions in the Criminal Code are found between ss. 490.012 to 490.02911. They are divided as follows:

• Order to Comply with the Sex Offender Information Registration Act (490.012 to 490.018)
• Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004 (490.019 to 490.029)
• Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Outside Canada (490.02901 to 490.02911)

Purpose

The purpose of a SOIRA Order "is to help police investigate sexual offences by making available to them information provided by convicted sexual offenders required to register under the Act. This information may be of investigative assistance in the inculpation or elimination of various suspects."

It is not merely an administrative act of the sentencing judge. It is an "integral part of the sentencing process."

Scheme

The making of a SOIRA Order will depend on whether the designated offence is listed under s. 490.013 (a), (c), (c.1), (d) or (e) in which case it is mandatory. Where the designated offence is under para (b) or (f), then it will only be ordered where "prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence" listed under para (a), (c), (c.1), (d) or (e).

Section 490.012 grant judges the power to order an offender to comply with the SOIRA:

Order

490.‍012 (1) Subject to subsection (5) [power to make SOIRA orders – Limitation re secondary offences], when a court imposes a sentence on a person for a designated offence, it shall make an order in Form 52 [forms] requiring the person to comply with the Sex Offender Information Registration Act if

(a) the designated offence was prosecuted by indictment;

(b) the sentence for the designated offence is a term of imprisonment of two years or more; and

(c) the victim of the designated offence is under the age of 18 years.

Order — previous offence or obligation

(2) Subject to subsection (5) [power to make SOIRA orders – Limitation re secondary offences], when a court imposes a sentence on a person for a designated offence, it shall make an order in Form 52 [forms] requiring the person to comply with the Sex Offender Information Registration Act if the prosecutor establishes that, before or after the coming into force of paragraphs (a) and (b), the person

(a) was previously convicted of a primary offence or previously convicted under section 130 of the National Defence Act in respect of a primary offence; or

(b) is or was, as a result of a conviction, subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.

Order — other circumstances

(3) Subject to subsection (5) [power to make SOIRA orders – Limitation re secondary offences], when a court imposes a sentence on a person for a designated offence in circumstances in which neither subsection (1) [power to make SOIRA orders – designated offences] nor (2) [SOIRA order – previous offence or obligation] applies, or when the court renders a verdict of not criminally responsible on account of mental disorder for a designated offence, it shall make an order in Form 52 [forms] requiring the person to comply with the Sex Offender Information Registration Act unless the court is satisfied the person has established that

(a) there would be no connection between making the order and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under that Act; or

(b) the impact of the order on the person, 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, to be achieved by the registration of information relating to sex offenders under that Act.

Factors

(4) In determining whether to make an order under subsection (3) [power to make SOIRA orders – other circumstances] in respect of a person, the court shall consider

(a) the nature and seriousness of the designated offence;

(b) the victim’s age and other personal characteristics;

(c) the nature and circumstances of the relationship between the person and the victim;

(d) the personal characteristics and circumstances of the person;

(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

(f) the opinions of experts who have examined the person; and

(g) any other factors that the court considers relevant.

Limitation — secondary offences

(5) A court shall make an order under any of subsections (1) to (3) in respect of a secondary offence only if the prosecutor applies for the order and establishes beyond a reasonable doubt that the person committed the secondary offence with the intent to commit a primary offence.

2004, c. 10, s. 20; 2007, c. 5, s. 13; 2010, c. 17, s. 5; 2014, c. 25, s. 26; 2019, c. 25, s. 203; 2023, c. 28, s. 8.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Effect of Amendments

The provisions regarding SOIRA within the Criminal Code are regulatory and are not intended to be punitive in nature. Consequently, the laws are retroactive to offences that occurred before any amendment and do not violate s. 11(i) of the Charter protecting against retroactive punishment.

Young Offenders

s. 490.011
[omitted (1)]

Interpretation

(2) For the purpose of this section and sections 490.012 [SOIRA orders] to 490.032 [power of GIC to make regulations relating to SOIRA], a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person

(a) within the meaning of subsection 2(1) of the Youth Criminal Justice Act unless they are given an adult sentence within the meaning of that subsection for the offence; or

(b) within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, unless they are convicted of the offence in ordinary court within the meaning of that subsection.

2004, c. 10, s. 20; 2005, c. 43, s. 6; 2007, c. 5, s. 11; 2008, c. 6, s. 36; 2010, c. 3, s. 7, c. 17, s. 4; 2012, c. 1, ss. 31, 141; 2014, c. 25, s. 25; 2023, c. 28, s. 6.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Constitutionality

There is support that mandatory nature of SOIRA Orders does not violate s. 7 of the Charter for being grossly disproportionate to the aim of protecting the public.

Prior Orders

When considering the effect of prior-related records, convictions for sexual offences while the offender was a youth should not be considered if it occurred more than 5 years prior to the adult offence.

Obligations of Registered Offenders

The Sex Offender Information Registration Act, SC 2004, c 10 requires that those registered to:

• 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 (SOIRA s. 4(3)). They are not permitted to leave Canada until they have reported for the first time (SOIRA 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.

Designated offences

• SOIRA Designated Offences

Duration and Early Termination

• Duration of SOIRA Orders
• Early Termination of SOIRA Orders

Sentencing Procedure

A recommended approach for a sentencing judge to follow is:

(1) Inquire whether the offender wished to challenge the making of the order;

(2) If the offender so wished, then inquire as to whether the offender wished to call further evidence respecting the impact of such an order;

(3) If the offender chooses to do so, then hear that evidence and inquire of the prosecutor whether the prosecutor wished to call evidence to rebut the evidence called by the offender and, if so, hear that evidence;

(4) Weigh the evidence heard at trial and on the sentencing hearing, to the extent that the offender or the prosecutor relied on such evidence, and weigh any evidence specifically called, together with arguments presented by the parties, in order to determine the manner and extent to which:

(a) making the order might impact on

(i) privacy and liberty of the offender,

(ii) the abilities or limitations of the offender,

(iii) the offender as a result of the stigma of being registered,

(iv) the potential for rehabilitation and reintegration of the offender in the community, and

(v) any other significant characteristic of the offender; and

(b) failure to make the order might impact the public interest;

(5) Accepting Parliament’s declaration that there is a public interest in protecting society through effective investigation of crimes of a sexual nature, weigh the impact on the offender of being registered, as against the impact on that public interest, of the offender not being registered and come to a conclusion as to whether the impact on the offender is so severe as to result in a “marked and serious imbalance” between the impact on the offender of making the order and the impact on the public interest of not making the order; and

(6) If, but only if, the impact on the offender of making the order is grossly disproportionate to the impact on the public interest of not making the order, the exemption should be granted.

Notice

Requirements relating to notice

490.018 (1) When a court or appeal court makes an order under section 490.012 [SOIRA orders], it shall cause

(a) the order to be read by or to the person who is subject to it;

(b) a copy of the order to be given to that person;

(c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 [failing to comply with SOIRA order] and 490.0311 [providing false or misleading info under SOIRA order] of this Act and section 119.1 of the National Defence Act; and

(d) a copy of the order to be sent to

(i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,

(ii) the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1 [Pt. XX.1 – Mental Disorder (ss. 672.1 to 672.95)], if applicable,

(iii) the police service whose member charged that person with the offence in connection with which the order is made, and

(iv) the Commissioner of the Royal Canadian Mounted Police.

Endorsement

(2) After paragraphs (1)(a) to (c) [obligations of appeal court on making a SOIRA order] have been complied with, the person who is subject to the order shall endorse the order.

Notice on disposition by Review Board

(3) A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs

(a) under paragraph 672.54(a) [absolute discharge – review board], that the person be discharged absolutely; or

(b) under paragraph 672.54(b) [conditional discharge – review board], that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.

Notice before release

(4) The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge.
2004, c. 10, s. 20; 2007, c. 5, s. 18; 2010, c. 17, s. 11.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Effect of the Order

A SOIRA Order under s. 490.012 will comply with From 52.

When a conviction occurs outside of Canada, an order under s. 490.02901. The Order to comply will use Form 54.

Disclosure of Information

Disclosure of Information

Disclosure

490.03 (1) The Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall, on request, disclose information that is registered in the database or the fact that such information is registered in the database

(a) to the prosecutor if the disclosure is necessary for the purpose of a proceeding under section 490.012 [SOIRA orders]; or

(b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under subsection 490.016(1) [power to make SOIRA termination order], 490.023(2) [application for exemption order – jurisdiction], 490.027(1) [termination order test], 490.02905(2) [SOIRA where convicted outside Canada – exemption order], 490.02909(1) [termination order – gross disproportion test] or 490.02913(1) [termination order & disproportionate purpose test] or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2) [SOIRA order – previous offence or obligation].

Disclosure in connection with proceedings

(2) The Commissioner or that person shall, on request, disclose to the prosecutor or Attorney General the information that is registered in the database relating to a person if the person discloses, in connection with a proceeding or appeal other than one referred to in subsection (1) [disclosure from SOIRA registry], the fact that information relating to them is registered in the database.

Disclosure in proceedings

(3) The prosecutor or the Attorney General may, if the information is relevant to the proceeding, appeal or any subsequent appeal, disclose it to the presiding court.
(4) [Repealed, 2007, c. 5, s. 27]
2004, c. 10, s. 20; 2007, c. 5, s. 27; 2010, c. 17, s. 20.

– CCC (CanLII), (DOJ)

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Appeal From Order

Appeal

490.014 The prosecutor, or a person who is subject to an order under subsection 490.012(2) [SOIRA order – previous offence or obligation], may appeal from a decision of the court under that subsection on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that subsection.
2004, c. 10, s. 20; 2010, c. 17, s. 7.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Section 490.014 does not give a right of appeal for an order made under s. 490.012(1). There may still be an option to corrected by means of a Judicial Review.

Despite s. 490.014, the Crown has the ability to appeal under s. 676(1)(b) for the refusal of a sentencing judge to order a SOIRA.

Improperly Ordered Duration

A Court is functus officio and does not have the jurisdiction to correct any errors made in setting the duration of the SOIRA Order.

Breach of SOIRA Orders (s. 490.031 to 490.0312)

• Breach of SOIRA Orders (Offence)

Regulations

Regulations

490.032 The Governor in Council may make regulations

(a) requiring that additional information be contained in a notice under Form 53 [forms] or Form 54 [forms]; and

(b) prescribing, for one or more provinces, the form and content of that information.

2004, c. 10, s. 20; 2010, c. 17, s. 24.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Legislative History

• History of SOIRA Orders

SOIRA Notice Convictions Outside Canada

• SOIRA Notice Convictions Outside Canada

Misc. Definitions Under the SOIRA Provisions of the Code

Definitions

490.011 (1) The following definitions apply in this section and in sections 490.‍012 to 490.‍07 .
"crime of a sexual nature" means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act. (crimes de nature sexuelle)
"database" has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (banque de données)
...
"Ontario Act" means Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1. (loi ontarienne)
"pardon" means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked. (pardon)
"record suspension" means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)
"registration centre" has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (bureau d’inscription)
"Review Board" means the Review Board established or designated for a province under subsection 672.38(1) [authority to establish a review board]. (commission d’examen)
"verdict of not criminally responsible on account of mental disorder" means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) [mental disorders – definitions] or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be. (verdict de non-responsabilité)
[omitted (2)]
2004, c. 10, s. 20; 2005, c. 43, s. 6; 2007, c. 5, s. 11; 2008, c. 6, s. 36; 2010, c. 3, s. 7, c. 17, s. 4; 2012, c. 1, ss. 31, 141; 2014, c. 25, s. 25; 2019, c. 17, s. 4; 2019, c. 25, s. 202; 2023, c. 28, s. 6.

[annotation(s) added]

– CCC (CanLII), (DOJ)

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See Also

• DNA Orders
• Section 161 Orders