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Bill C-93

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First Session, Forty-second Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-93
An Act to provide no-cost, expedited record suspensions for simple possession of cannabis
FIRST READING, March 1, 2019
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
90891


SUMMARY
This enactment amends the Criminal Records Act to, among other things, allow persons who have been convicted under the Controlled Drugs and Substances Act, the Narcotic Control Act and the National Defence Act only of simple possession of cannabis offences committed before October 17, 2018 to apply for a record suspension without being subject to the period required by the Criminal Records Act for other offences or to the fee that is otherwise payable in applying for a suspension.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-93
An Act to provide no-cost, expedited record suspensions for simple possession of cannabis
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. C-47

Criminal Records Act

1Subsection 2(1) of the Criminal Records Act is amended by adding the following in alphabetical order:
possession means possession within the meaning of subsection 4(3) of the Criminal Code. (possession)
2Section 2.1 of the Act becomes subsection 2.1(1) and is amended by adding the following after that subsection:
Employees of Board
(2)The powers, duties and functions of the Board related to an application referred to in subsection 4(3.1) shall be exercised by employees of the Board or any class of its employees.
2012, c. 1, s. 112
3Subparagraph 2.3(a)‍(i) of the Act is replaced by the following:
(i)the Board, after making the inquiries referred to in paragraph 4.2(1)‍(b), was satisfied that the applicant was of good conduct, and
2012, c. 1, s. 115
4(1)The portion of subsection 4(1) of the Act before paragraph (a) is replaced by the following:
Restrictions on application for record suspension
4(1)Subject to subsection (3.1), a person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:
(2)Section 4 of the Act is amended by adding the following after subsection (3):
Offence referred to in Schedule 3
(3.1)A person who has been convicted only of an offence referred to in Schedule 3 may apply for a record suspension in respect of that offence before the expiration of the period referred to in subsection (1).
Expiration of sentence
(3.2)A person is ineligible to make an application for a record suspension referred to in subsection (3.1) until after the expiration according to law of any sentence, including the payment of any fine.
Fee not payable
(3.3)Despite anything in an order made under the Financial Administration Act, a person who makes an application for a record suspension referred to in subsection (3.1) is not required to pay any fee for services provided by the Board in respect of that application if the person has been convicted only of an offence referred to in that subsection.
2012, c. 1, s. 115
(3)Subsection 4(5) of the Act is replaced by the following:
Onus — person referred to in subsection (3.‍1)
(4.1)The person referred to in subsection (3.1) has the onus of satisfying the Board that the person has been convicted only of an offence referred to in that subsection.
Amendment of schedules 1 and 3
(5)The Governor in Council may, by order, amend Schedule 1 or 3 by adding or deleting a reference to an offence.
2012, c. 1, s. 116(1)
5(1)The portion of subsection 4.1(1) of the Act before paragraph (a) is replaced by the following:
Record suspension
4.1(1)Subject to subsection (1.1), the Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that
(2)Section 4.1 of the Act is amended by adding the following after subsection (1):
Record suspension — person referred to in subsection 4(3.‍1)
(1.1)In the case of an application referred to in subsection 4(3.1), the Board shall order that the applicant’s record in respect of that offence be suspended if the applicant has been convicted only of an offence referred to in that subsection and has not been convicted of a new offence under an Act of Parliament, other than an offence referred to in that subsection.
2012, c. 1, s. 117(1)
6Paragraphs 4.2(1)‍(b) and (c) of the Act are replaced by the following:
(b)if the applicant is eligible, shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction, except in the case of a person referred to in subsection 4(3.1); and
(c)may, in the case of an offence referred to in paragraph 4(1)‍(a), cause inquiries to be made with respect to any factors that it may consider in determining whether ordering the record suspension would bring the administration of justice into disrepute, except in the case of a person referred to in subsection 4(3.1).
7The Act is amended by adding, after Schedule 2, the Schedule 3 set out in the schedule to this Act.

Transitional Provision

Definitions
8(1)The following definitions apply in this section.
Act means the Criminal Records Act.‍ (Loi)
application means an application for a pardon or record suspension only for an offence referred to in Schedule 3 to the Act, as enacted by section 7 of this Act.‍ (demande)
pardon has the same meaning as in subsection 2(1) of the Act as it read from time to time before March 13, 2012.‍ (réhabilitation)
record suspension has the same meaning as in subsection 2(1) of the Act.‍ (suspension du casier)
Pending applications
(2)If an application was made before the day on which this Act comes into force and that application has not been dealt with and disposed of on that day, that application is to be dealt with and disposed of in accordance with the Act, as amended by this Act. However, subsection 4(3.3) of the Act, as enacted by subsection 4(2) of this Act, is not to apply if, on that day, the inquiries referred to in paragraph 4.2(1)‍(a) of the Act have been completed.
Waiting period
(3)Subsection 4.2(4) of the Act does not apply to an application for a record suspension referred to in subsection 4(3.1) of the Act, as enacted by subsection 4(2) of this Act, if the day on which the Board refuses to grant or issue a pardon or order a record suspension occurs within one year before the day on which this Act comes into force.

Coming into Force

Order in council
9This Act comes into force on a day to be fixed by order of the Governor in Council.


SCHEDULE

(Section 7)
SCHEDULE 3
(Subsections 4(3.‍1) and (5))
Cannabis Offences
1Offences
(a)under subsection 4(4) or (5) of the Controlled Drugs and Substances Act, as it read from time to time before October 17, 2018, for possession of a substance included in Item 1 of Schedule II to that Act;
(b)under subsection 3(2) of the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, as it read from time to time before May 14, 1997, for possession of a substance included in Item 3 of the schedule to that Act; and
(c)under the National Defence Act or any previous version of that Act for an act or omission that constitutes an offence listed in paragraph (a) or (b).



explanatory notes

Criminal Records Act
Clause 1:New.
Clause 2:New.
Clause 3:Relevant portion of section 2.3:
2.3A record suspension
(a)is evidence of the fact that
(i)the Board, after making inquiries, was satisfied that the applicant was of good conduct, and
Clause 4: (1)Relevant portion of subsection 4(1):
4(1)A person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:
(2)New.
(3)Existing text of subsection 4(5):
(5)The Governor in Council may, by order, amend Schedule 1 by adding or deleting a reference to an offence.
Clause 5: (1)Relevant portion of subsection 4.1(1):
4.1(1)The Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that
(2)New.
Clause 6:Relevant portion of subsection 4.2(1):
4.2(1)On receipt of an application for a record suspension, the Board
.‍.‍. 
(b)if the applicant is eligible, shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and
(c)may, in the case of an offence referred to in paragraph 4(1)‍(a), cause inquiries to be made with respect to any factors that it may consider in determining whether ordering the record suspension would bring the administration of justice into disrepute.

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