Key Takeaways
- Individuals convicted of a sexual offence in Ontario are automatically added to both the Ontario Sex Offender Registry (OSOR) and the national SOIRA registry.
- Removal from the registry is possible, but only under strict legal conditions.
- Eligibility for early termination depends on factors such as the nature of the offence, sentence length, and time served on the registry.
- Seeking legal guidance is crucial to understanding your options and submitting a strong application for removal.
Table of Contents
- Understanding the Ontario Sex Offender Registry and SOIRA
- Who is Considered a Sex Offender?
- Convictions That Can Lead to Registry Inclusion
- Who Can Access the Registry?
- Is Early Termination Possible?
- Duration of Registration: How Long Are You Listed?
- Is It Possible to Be Removed from the Registry?
- What If You Were Wrongfully Convicted?
- What Happens If You Don’t Comply with the Registry?
- Why You Should Speak to a Criminal Defence Lawyer
- Registry Removal Is Possible — But Not Easy
Among potential penalties if convicted of a criminal sexual offence in Toronto is mandatory inclusion on the Ontario Sex Offender Registry (OSOR). The registry is designed to help law enforcement agencies investigate sex-related crimes and keep track of high-risk sexual offenders. It was enacted into law in 2001 following the abduction, sexual assault, and murder of 11-year-old Christopher Stephenson by a repeat sexual offender. The registry is commonly referred to as “Christopher’s Law.”
While Ontario was the first province to establish a sex offender registry, the federal government enacted a similar system under the Sex Offender Information Registration Act (SOIRA) in 2004. Both were developed under recommendations provided by the coroner’s inquest into the Stephenson abduction and death. OSAR operates concurrently with the federal registry which provides interagency law enforcement access to either. Both registries also operate under nearly identical conditions and compliance mandates.
In short, if you have been placed on one registry, you are essentially on the other one, too. For the purposes of this article, references regarding OSAR apply equally to SOIRA unless indicated otherwise.
Understanding the Ontario Sex Offender Registry and SOIRA
If you are convicted of a sexual offence in Ontario, one of the automatic consequences is being listed on the Ontario Sex Offender Registry (OSOR), governed by Christopher’s Law. This provincial registry was created in 2001 in response to the tragic case of Christopher Stephenson, an 11-year-old victim of a repeat sexual offender. The registry’s primary purpose is to assist law enforcement in tracking and monitoring high-risk sexual offenders.
In 2004, the federal government introduced the Sex Offender Information Registration Act (SOIRA), establishing a national registry parallel to the existing state registries. Both OSOR and SOIRA operate concurrently and impose nearly identical reporting and compliance requirements.
Important: If you are listed on one registry, you are also listed on the other. References to OSOR in this article also apply to SOIRA, unless stated otherwise.
How Does the Sex Offender Registry Work?
Those convicted of a sexual offence and ordered to register as a sexual offender will be required to comply with OSAR mandates for either a minimum of 10 years or for life, depending upon the conviction terms. Those with more than one sexual offence conviction, or conviction that results in a prison term exceeding 10 years, are subject to lifetime inclusion on the registry. All others are subject to the 10-year inclusion term. The national sex offender registry, it should be noted, also includes a 20-year registry term.
Reporting requirements mandate that offenders must register with their local police jurisdiction within seven days of completing any custodial sentencing, or after conviction if not sentenced to prison or jail time. Registration involves providing police with:
- Details about the related sex offence(s).
- Name and valid proof of identity.
- Telephone numbers.
- Physical descriptors, including height, weight, build, gender, race, scars, tattoos or other distinguishing features.
- Residential address and details regarding current employment, education, and associations.
- Current photos.
- Vehicle ownership and/or use details, including registration and license numbers.
- Passport information
Offenders are required to update police on these details annually. They must also report within seven days any change of address or name change, as well as any travel away from home of more than a week’s duration.
Penalties for non-compliance include fines of up to $25,000 and prison sentences of up to two years.
Who is Considered a Sex Offender?
Under the Canada’s Criminal Code, more than 25 designated sex offences can result in a sex offender registration order upon conviction. Most of these offences mandate automatic inclusion on the registry upon conviction, though there is judicial discretion with some. Even if not sentenced to prison or jail time for the offense, a conviction can still lead to a sex offender registration order. Youth offenders can only be required to register if convicted and sentenced as an adult for the sexual offence.
Bottom line is that if you are convicted of a sexual offence in Ontario, there is a strong likelihood that you will be required to register as a sex offender. Consider that a criminal conviction for sexual assault results in automatic inclusion on the registry. Sexual assault covers a broad range of activities, including unwanted sexual touching. Thus, a drunken college kid who thinks it might be funny to slap a pretty girl’s behind risks potential sex offender registration if she decides to file charges.
Given the onerous conditions of being a registered sex offender, not to mention potential incarceration, fines, probation, and other sanctions, it is always important to consult with a skilled sexual assault lawyer if charged with a sexual offence.
Convictions Under Which One Can Be Put On the Sex Offender Registry
The number of offences that can lead to a sex offender registry order in Ontario is broad. If the crown can prove intent, charges relating to conspiracy or attempting to commit a sexual offence can also lead to an OSAR order. Sex offence convictions that can result in a sex offender registry order include:
- Sexual assault
- Sexual assault with a weapon
- Sexual assault causing bodily harm
- Aggravated sexual assault
- Invitation to sexual touching
- Sexual exploitation of those ages 14-18
- Sexual exploitation of a person with a disability
- Child pornography
- Accessing child pornography
- Parent or guardian procuring sexual activity
- Online child luring
- Exposure to a person under age 14
- Living on the avails of prostitution of a person under age 18
- Obtaining prostitution of person under age 18
- Voyeurism
- Bestiality
- Bestiality in the presence of a child
- Incest
Who Can Access the Registry?
Access to OSAR and the national sex offender registry is strictly limited to law enforcement agencies. Police have direct access to the registries 24/7. This provides them with rapid response capabilities in child abductions and sex-related crimes investigations. It also allows them to monitor and easily locate sex offenders within their communities.
Public disclosure of specific sex offender information on OSAR is only allowed under strict protocols if an offender is deemed a significant and imminent threat to the community. Similar disclosures are provided for under the national sex offender registry.
The public disclosure restrictions are believed to contribute to a much higher compliance rate by sexual offenders. This in turn increases the accuracy and integrity of the national and Ontario sex offender registry lists.
Is the Early Termination of a Sexual Offender Registry Order Possible?
Early termination of a sexual offender registry order is possible, but not easy. Even with early termination, an offender’s information remains in the registry database. A termination just means that the offender no longer has to comply with sex offender registry requirements. The only means of expunging personal information from either registry is through an acquittal on appeal or based on a government pardon.
The biggest difference between the Ontario sex offender registry and the national one is that it’s easier to terminate a sexual offender registry order from the latter — though not by much. SOIRA allows offenders to apply for a judicial review after five years for a 10-year order, and after 10 years for a 20-year order. Those subject to a lifetime order can apply for judicial review after 20 years. If unsuccessful, offenders can then petition the court every five years thereafter.
A judge will only grant a termination order if the court “is satisfied that the person has established that the impact on them of continuing an order or an obligation . . . would be grossly disproportionate to the public interest in protecting society [with the help of the offender’s registration information].”
The Ontario Sex Offender Registry does not provide provisions for early terminations except in cases where the offender has received a pardon or a record suspension.
Duration of Registration: How Long Are You Listed?
The duration of registration depends on the sentence and the nature of the offence. Typical registration periods include:
| Sentence Type | Duration on Registry |
|---|---|
| Summary conviction | 10 years |
| Indictable offence < 10-year sentence | 20 years |
| Indictable offence ≥ 10 years | Lifetime |
Note: A lifetime registration may also apply to individuals with multiple convictions.
Is It Possible to Be Removed from the Sex Offender Registry in Ontario?
Yes, under specific conditions, an offender can apply for early removal from the sex offender registry. The process and eligibility depend on whether the registry in question is provincial (OSOR) or federal (SOIRA); however, in most cases, they are treated similarly.
You can seek termination of your registration order after:
- 5 years (for a 10-year order)
- 10 years (for a 20-year order)
- 20 years (for a lifetime order)
Who Is Eligible for Removal?
| Registry Duration | Time Before Application | Additional Conditions |
|---|---|---|
| 10 years | After 5 years | No new offences |
| 20 years | After 10 years | Good behaviour |
| Lifetime | After 20 years | Exceptional grounds |
⚠️ Note: Individuals must not have breached any registry conditions during the reporting period.
“Registry removal isn’t automatic — even if you’ve kept a clean record for years. The court needs to see evidence that you’re no longer a risk. A lawyer can help build that case effectively.”
— Joel Prajs, Criminal Defence Lawyer at Vilkhov Law
What If You Were Wrongfully Convicted?
Suppose you believe you were wrongfully convicted of a sexual offence. In that case, it is crucial to understand that your name may still appear on both the Ontario Sex Offender Registry (OSOR) and the federal Sex Offender Information Registration Act (SOIRA) registry. Inclusion on these registries is tied directly to a valid conviction, so the presence of your name indicates that, legally, the sentence is considered active.
In such cases, registry removal is not an immediate option. The first step is to challenge the conviction itself through legal avenues such as an appeal, review of the sentence, or application for a new trial, depending on the circumstances of your case. Successfully overturning or quashing the punishment is necessary to stop your registration obligations.
During this legal process
- You remain subject to all reporting and compliance requirements under both OSOR and SOIRA.
- Failure to comply with registry requirements can result in additional criminal charges, even if you believe your conviction is unjust.
- Legal advice from an experienced criminal defence lawyer is crucial for navigating appeals or post-conviction relief options effectively.
Only after a conviction is overturned or set aside can you formally apply to be removed from the registries. If the sentence remains valid, removal is legally impossible, regardless of your personal belief in innocence.
What Happens If You Don’t Comply with the Registry?
Failure to comply with the requirements of the Ontario Sex Offender Registry (OSOR) or the federal Sex Offender Information Registration Act (SOIRA) is considered a criminal offence under Canadian law. These requirements include regularly updating personal information such as your:
- Residential address
- Employment details
- Vehicle information
- Travel plans (especially if travelling outside of Canada)
- Contact information, including phone numbers and email addresses
Non-compliance can occur if you:
- Fail to notify authorities of a change of address within the legally mandated timeframe (usually within 3 days).
- Do not report changes in employment or school attendance.
- Fail to provide the required personal information or reports to law enforcement as ordered.
- Leave the jurisdiction without proper authorization or fail to report international travel.
Consequences of Non-Compliance
Being convicted of non-compliance can lead to serious legal consequences, including:
- New criminal charges may result in fines, probation, or imprisonment.
- Extension of your registration period, effectively prolonging your time on the registry beyond the original term.
- Increased scrutiny and monitoring by law enforcement agencies, including potential additional restrictions on movement or activities.
Importance of Compliance
Strict adherence to registry obligations is critical to avoid further legal troubles. Even if you are actively pursuing removal from the registry or disputing your conviction, failure to comply with reporting requirements can undermine your case and lead to harsher penalties.
Why You Should Speak to a Criminal Defence Lawyer
An experienced criminal defence lawyer can assess your eligibility, gather relevant documentation, and present your case in the best possible light. At Vilkhov Law, our legal team has helped clients across Ontario pursue successful removal from the sex offender registry.
Registry Removal Is Possible — But Not Easy
Being listed on the OSOR or SOIRA can affect your privacy, travel, and employment. While removal is possible, it requires precise legal preparation. If you are eligible, contact our team for a confidential consultation.
Need Help with Registry Removal in Ontario?
Vilkhov Law is a Toronto-based criminal defence firm with a strong track record in sex offence cases. If you’re seeking removal from the registry, our team can guide you through the process with discretion and professionalism.
