Bill C-600
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2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
BILL C-600
An Act to amend the Criminal Records Act (homosexual activities)
R.S., c. C-47
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The definition “record suspension” in subsection 2(1) of the Criminal Records Act is replaced by the following:
“record suspension”
« suspension du casier »
« suspension du casier »
“record suspension” means a measure ordered by the Board under section 4.1 or 4.11;
2. Section 2.2 of the Act is amended by adding the following after subsection (2):
Panel of three persons
(3) An application for a record suspension under section 4.11 shall be determined by a panel that consists of at least three members of the Board.
3. The Act is amended by adding the following after section 4.1:
Definition of “moral offence”
4.11 (1) In this section, “moral offence” means an offence under
(a) section 174 of the Criminal Code, chapter 29 of the Statutes of Canada, 1892;
(b) section 202 of the Criminal Code, chapter 146 of the Revised Statutes of Canada, 1906;
(c) section 202 of the Criminal Code, chapter 36 of the Revised Statutes of Canada, 1927; or
(d) section 147 or 149 of the Criminal Code, chapter 51 of the Statutes of Canada, 1953-54.
Record suspension — moral offence
(2) The Board shall order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that
(a) the applicant was convicted of a moral offence; and
(b) the circumstances surrounding the commission of the offence indicate that
(i) the other person involved in the act that constitutes the offence consented to the act and was 16 years or older, and
(ii) the act that constitutes the offence involved only homosexual activities that would not constitute an offence under any Act of Parliament in force.
Disclosure prohibited
(3) No record of a record suspension under subsection (2) shall be disclosed to any person.
Removal of references
(4) The Commissioner shall remove all references to a record suspension under subsection (2) from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police.
Review
(5) The Board may, on request, review a refusal to order a record suspension.
Published under authority of the Speaker of the House of Commons