Order Fixing the Day on Which This Order Is Made as the Day on Which Section 32 of the Tougher Penalties for Child Predators Act Comes into Force: SI/2025-108
Canada Gazette, Part II, Volume 159, Number 26
Registration
SI/2025-108 December 17, 2025
TOUGHER PENALTIES FOR CHILD PREDATORS ACT
Order Fixing the Day on Which This Order Is Made as the Day on Which Section 32 of the Tougher Penalties for Child Predators Act Comes into Force
P.C. 2025-845 November 28, 2025
Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, under section 34 of the Tougher Penalties for Child Predators Act, chapter 23 of the Statutes of Canada, 2015, fixes the day on which this Order is made as the day on which section 32 of that Act comes into force.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
Pursuant to section 34 of the Tougher Penalties for Child Predators Act (the Act), the Order fixes the day on which it is made as the day on which section 32 of that Act comes into force. The provision amends the National Defence Act (NDA).
Objective
The objective of the Order is to bring into force an amendment to the NDA to add subsection 6(1.01) of the Sex Offender Information Registration Act (SOIRA) to subsection 119.1(3) of the NDA. The SOIRA requires sex offenders convicted of sexual offences against a child to provide notice of travel plans or changes in specified circumstances. This amendment will align the type and process for evidence in the military justice system with that of the civilian criminal justice system by allowing a signed certificate by an appropriate authority to be accepted as evidence (certificate evidence) when a sex offender convicted of a sexual offence against a child fails to provide this notice.
Background
The Act was enacted for the purpose of better protecting children against sexual exploitation and holding child sex offenders accountable.
It amended the Criminal Code, the Canada Evidence Act and the SOIRA, enacted the High Risk Child Sex Offender Database Act and made consequential amendments to other acts. Amendments to the SOIRA, among other things, increased reporting obligations for registered offenders. The Act received royal assent on June 18, 2015, with most provisions coming into force on days fixed by order of the Governor in Council.
The NDA is the primary piece of legislation governing the Canadian Armed Forces (CAF) and the Department of National Defence. It includes the Code of Service Discipline, which is the foundation of the military justice system. It sets out the disciplinary jurisdiction over officers and non-commissioned members and other individuals, and defines service offences that are vital to maintaining discipline, efficiency and morale of the CAF.
Under the NDA, it is an offence to fail to comply with an order made or an obligation under the NDA, the Criminal Code, or the International Transfer of Offenders Act. The amended provision of the NDA relates to sex offenders who are subject to the Code of Service Discipline.
The amendment to the NDA enables a court martial to accept certificate evidence that a sex offender convicted of a sex offence against a child has failed to notify a person who collects information at the registration centre of travel plans or changes in specified circumstances, as prescribed in the SOIRA. This allows the signed certificate to be used without needing to verify the signature before the court, such as by the signatory testifying in person, thereby streamlining the process.
Implications
The legislative amendment to the NDA aligns it with a similar provision in the Criminal Code. These provisions set out circumstances when use of certificate evidence is available in proceedings where a sex offender has failed to meet obligations under the SOIRA. Alignment ensures that certificate evidence may be used in similar situations during proceedings in both the military justice and civilian criminal justice systems, ensuring similar evidence procedures in these circumstances. Using certificate evidence in these cases enhances prosecutorial efficiency by reducing resource demands and saving time, thereby streamlining the overall process.
Consultation
No additional public consultation was conducted with respect to this Order, as the amendment to the NDA was approved by Parliament during the legislative process for the Act. The Act was studied by the House of Commons Standing Committee on Justice and Human Rights and the Standing Senate Committee on Legal and Constitutional Affairs during the legislative process, and no issues were raised regarding section 32.
Contact
Colonel Geneviève Lortie
Deputy Judge Advocate General — Military Justice Modernization
Office of the Judge Advocate General
National Defence Headquarters
Email: jagmjmodernization-modernisationjmjag@forces.gc.ca