C-41514264-65-66-67Elizabeth II2015-2016-2017-2018An Act to establish a procedure for expunging certain cannabis-related convictions Expungement of Certain Cannabis-related Convictions Act201810
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Mr. Rankin421507SUMMARYThis enactment establishes a procedure for expunging certain cannabis-related convictions and provides for the destruction or removal of the judicial records of those convictions that are in federal repositories and systems.PreambleWhereas under the Cannabis Act, certain activities in respect of cannabis are now permitted;Whereas members of marginalized and racialized communities were convicted in disproportionate numbers of offences in respect of those activities before the coming into force of the Cannabis Act;And whereas such convictions have had a negative impact on their employment prospects, housing opportunities and mental health;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Expungement of Certain Cannabis-related Convictions Act.InterpretationDefinitionsThe following definitions apply in this Act.Board means the Parole Board of Canada. (Commission)Chairperson means the Chairperson of the Board designated under section 104 of the Corrections and Conditional Release Act. (président)Powers, Duties and FunctionsPowers of BoardThe Board may, in accordance with this Act, order or refuse to order expungement ofa conviction for the possession of a substance included in item 1 of Schedule II to the Controlled Drugs and Substances Act, as that Schedule read from time to time before the coming into force of section 204 of the Cannabis Act, if that activity would not have constituted an offence under the Controlled Drugs and Substances Act or any other Act of Parliament had it been conducted on or after the day of that coming into force; anda conviction in respect of an offence listed in the schedule to this Act.DelegationThe Board, subject to the approval of the Chairperson, may confer on any of its employees or class of its employees any of its powers, duties or functions under this Act.ExpungementEffectsEffect of expungementIf the Board orders expungement of a conviction, the person convicted of the offence is deemed never to have been charged with and convicted of that offence.Lawful actNothing in this Act has the effect of making unlawful a lawful act or omission related to the expunged conviction that was committed prior to the expungement order.Royal prerogativeNothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy.ProcedureApplicationA person who has been convicted in respect of the activity described in paragraph 3(a) or of an offence listed in the schedule may apply to the Board for an expungement order.Form, manner and contentAn application for an expungement order must be in the form and manner determined by the Board and must include a sworn statement or solemn declaration by the applicant that the conviction in question is in respect of the activity described in paragraph 3(a) or an offence listed in the schedule.No fee payableNo fee may be imposed in respect of an application made under subsection (1).Incomplete applicationIf the Board determines that an application is incomplete, the Board may return it to the applicant at any time.EligibilityThe Board must reject any application that does not relate to a conviction in respect of the activity described in paragraph 3(a) or an offence listed in the schedule.NoticeThe applicant must be advised in writing of the rejection of their application.InquiriesOn receipt of an application, the Board may cause inquiries to be madefor the purpose of determining whether the applicant is eligible to apply for an expungement order under section 7; andfor the purposes of the review under section 11.ReviewSubject to sections 8 and 9, the Board must review the application and the evidence gathered through any inquiries and determine whether there is evidence that the activity in respect of which the application is made is prohibited under the Controlled Drugs and Substances Act or any other Act of Parliament at the time the application is reviewed.OrderOrder to expungeSubject to sections 8 and 9, the Board must order expungement of the conviction in respect of the offence for which the application was made if the Board’s review reveals no evidence referred to in section 11.RefusalSubject to sections 8 and 9, if the Board’s review reveals evidence referred to in section 11, the Board must refuse to order expungement of the conviction in respect of the offence for which the application was made.Notice to applicantThe Board must notify the applicant in writing of the expungement order or of its refusal to order expungement. Destruction and RemovalNotification to RCMPThe Board must notify the Royal Canadian Mounted Police of any expungement order. The Board must also notify any superior, provincial or municipal court that, to its knowledge, has custody of any judicial record of the conviction to which the expungement order relates.Destruction or removal by RCMPAs soon as feasible after receipt of a notification from the Board, the Royal Canadian Mounted Police must destroy or remove any judicial record of the conviction to which the expungement order relates that is in its repositories or systems.Notification by RCMPAs soon as feasible after receipt of a notification from the Board, the Royal Canadian Mounted Police must provide notification of the expungement order to any federal department or agency, and to any provincial or municipal police force, that, to its knowledge, has custody of any judicial record of the conviction to which the expungement order relates.Destruction or removal by departments and agenciesAs soon as feasible after receipt of a notification from the Royal Canadian Mounted Police, each federal department or agency must destroy or remove any judicial record of the conviction to which the expungement order relates that is in its repositories or systems.Non-applicationSections 16 and 18 apply despite sections 12 and 13 of the Library and Archives of Canada Act, subsections 6(1) and (3) of the Privacy Act and any other provision of an Act of Parliament.For greater certaintyFor greater certainty, sections 16 to 19 do not apply to documents submitted or produced in respect of an application under this Act.Amendment of ScheduleScheduleSubject to the conditions referred to in subsection (2), the Governor in Council may, by order, add to the schedule any item or portion of an item.ConditionsIn order to provide for expungement of convictions arising from an activity respecting cannabis as defined in subsection 2(1) of the Cannabis Act, the Governor in Council may add any item or portion of an item to the schedule if the activity no longer constitutes an offence under an Act of Parliament and the Governor in Council is of the opinion that expungement of convictions in respect of the activity would not be contrary to the public interest. R.S., c. 46Related Amendments to the Criminal CodeSubsection 607(1) of the Criminal Code is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by
adding the following after paragraph (d):
an expungement order under the Expungement of Certain Cannabis-related Convictions Act.Subsection 607(3) of the Act is replaced by the following:DisposalThe pleas of autrefois acquit, autrefois convict, pardon and an expungement order under the Expungement of Historically Unjust Convictions Act or the Expungement of Certain Cannabis-related Convictions Act shall be disposed of by the judge without a jury before the accused is called on to plead further.(Section 3, subsections 7(1) and (2) and 9(1) and section 21)