OTTAWA POLICE SERVICES BOARD                                                                       REPORT

COMMISSION DE SERVICES POLICIERS                                                             RAPPORT

 

 


Our File/N/Réf.                

Your File/V/Réf.               

 

DATE                               17 April 2009

 

TO/DEST.                        Chair and Members, Ottawa Police Services Board

 

FROM/EXP.                    Executive Director, Ottawa Police Services Board

 

SUBJECT/OBJET            BOARD POLICY MANUAL: 

                                         AMENDMENTS TO POLICY ON SEX OFFENDER REGISTRY

 

 

RECOMMENDATION

 

That the Ottawa Police Services Board approve amendments to the Board’s Sex Offender Registry Policy (#LE-046) as outlined in the document attached as Annex A.

 

 

BACKGROUND

 

The Ontario Ministry of Community Safety and Correctional Services publishes a Policing Standards Manual that contains guidelines to assist police services boards, chiefs of police and municipalities with their understanding and implementation of the Police Services Act and its regulations, including the Regulation on the Adequacy and Effectiveness of Police Services.  The Ottawa Police Services Board has adopted the standard guidelines published by the Ministry in its policies contained in Chapter 4 of the Board’s Policy Manual.  These policies form part of the Board’s instructions to the Chief of Police.

 

On 14 April 2009 the Ministry issued amendments to its Sex Offender Registry Guideline LE‑046, which is contained in the Board’s Policy LE-046.  The changes are required due to the December 2008 proclamation of Bill 16, Christopher’s Law (Sex Offender Registry) Amendment Act, 2008, and include the following:

 

1.      The title of the Guideline (and any references to it within the guideline) will now be “Ontario Sex Offender Registry” instead of “Sex Offender Registry”.

 

  1. The Legislative/Regulatory Requirements section of the Guideline now references “The Act known as Christopher’s Law (Sex Offender Registry), 2000; it is recommended that the section in its entirety be added to the Board’s policy for explanatory purposes.

 

  1. Two new subsections have been added to the sample board policy contained within the Ministry’s Guideline to ensure: 

 

a)      the establishment of procedures and processes consistent with the requirements legislated by the federal Sex Offender Information Registration Act (as distinct from the Ontario Sex Offender Registry Act, addressed in a separate subsection); and

b)      that appropriate members receive training on both the provincial and federal Sex Offender Registry legislative requirements.

 

The changes set out above have been incorporated into the amended Board Policy LE-046 attached as Annex A, and are presented for the Board’s approval.

 

Current Version

 

For comparison purposes, the current version of the Board Policy reads as follows:

It is the policy of the Ottawa Police Services Board with respect to the Sex Offender Registry that the Chief of Police will:

 

a)      designate and maintain a registration site(s);

b)      establish procedures and processes consistent with the requirements of Christopher’s Law (Sex Offender Registry), 2000; and

c)      ensure that appropriate members receive training on the Sex Offender Registry, consistent with the role and responsibilities assigned to them. 

 

CONSULTATION

 

No consultation was required as the Ministry of Community Safety and Correctional Services has amended the Guideline and all police services boards are expected to incorporate the guidelines issued by the Province into their own policies. 

 

FINANCIAL STATEMENT

 

There are no financial implications associated with this report.

 

CONCLUSION

 

All police services boards in Ontario are expected to adopt policies that are consistent with the standard guidelines issued by the Ministry of Community Safety & Correctional Services.  The Ministry recently made amendments to the Ontario Sex Offender Registry Guideline, which is reflected in the Board’s Policy Manual as Policy LE-046.  Approval of the amendments outlined in this report and contained in Annex A will ensure the Ottawa Police Services Board remains compliant with Ministry Standard guidelines. 

 

 

(original signed by)

 

W. Fedec

 

Attach. (1)


 

Policy Number:                         Policy Subject:

 

LE-046                          ONTARIO SEX OFFENDER REGISTRY

 

LEGISLATIVE REFERENCE / AUTHORITY

Christopher’s Law (Sex Offender Registry), 2000, and Ontario Police Services Act, subsection 41(1.1).

DATE APPROVED

25 July 2005

DATE AMENDED

 

DATE TO BE REVIEWED

2010

REPORTING REQUIREMENT

Annual compliance reporting

 

LEGISLATIVE/REGULATORY REQUIREMENTS

 

The Act known as Christopher’s Law (Sex Offender Registry), 2000 sets out the responsibilities of police services in relation to sex offenders in the province of Ontario.  Among other obligations, the Act requires a sex offender, as defined in the Act, to report in person to the police service for the purposes of identification and registration.  Each police service is required to submit offender information to the Ministry of Community Safety and Correctional Services (Ministry) for inclusion in the Ontario Sex Offender Registry (OSOR).

 

BOARD POLICY

 

It is the policy of the Ottawa Police Services Board with respect to the Ontario Sex Offender Registry that the Chief of Police will:

 

a)      designate and maintain a registration site(s);

b)      establish procedures and processes consistent with the requirements of Christopher’s Law (Sex Offender Registry), 2000;

c)      establish procedures and processes consistent with the requirements legislated by the federal Sex Offender Information Registration Act;

c)d)                        ensure that appropriate members receive training on the Ontario Sex Offender Registry, consistent with the role and responsibilities assigned to them; and

e)      ensure that appropriate members receive training on both the provincial and federal Sex Offender legislative requirements.