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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
Reprinted as amended by the Standing Committee on Public Safety and National Security as a working copy for the use of the House of Commons at Report Stage and as reported to the House on May 28, 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
3(1)Subparagraph 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
(2)Paragraph 2.3(b) of the Act is replaced by the following:
(b)unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament other than
(i)section 109, 110, 161, 320.24, 490.012, 490.019 or 490.02901 of the Criminal Code,
(ii)section 259 of the Criminal Code, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force,
(iii)subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act,
(iv)section 734.5 or 734.6 of the Criminal Code or section 145.1 of the National Defence Act, in respect of any fine or victim surcharge imposed for any offence referred to in Schedule 3, or
(v)section 36.1 of the International Transfer of Offenders Act.
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 subsections (3.1) and (3.11), 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).
Other offences including at least one offence referred to in Schedule 3
(3.11)A person who has been convicted of an offence referred to in Schedule 3 and other offences may only apply for a record suspension after the expiration of the period referred to in subsection (1), without taking into account any offence referred to in Schedule 3.
Expiration according to law of sentence
(3.2)A person is ineligible to make an application for a record suspension referred to in subsection (3.1) or (3.11) until after the expiration according to law of any sentence imposed, other than the payment of any fine or victim surcharge, for any offence referred to in Schedule 3.
For greater certainty
(3.21)For greater certainty, subsection (3.2) does not apply to fines and victim surcharges imposed for both an offence referred to in Schedule 3 and for other offences, in which case a person is ineligible to make an application for a record suspension referred to in subsection (3.11) until after all fines and victim surcharges have been paid.
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.
Onus — person referred to in subsection (3.‍11)
(4.11)For the purpose of subsection (3.11), a person referred to in that subsection has the onus of satisfying the Board that the person has been convicted of an offence referred to in Schedule 3.
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, without taking into account any offence referred to in Schedule 3, 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.
Sworn statement or solemn declaration
(1.2)Despite subsection 4(4.1), if the applicant is not able to obtain documents that would provide evidence that the conditions referred to in subsection (1.1) are met, the applicant may submit a sworn statement or solemn declaration that explains the reasonable efforts made by the applicant to obtain the documents, and the reasons why they could not be obtained, including because they were lost or destroyed.
Inquiries
(1.3)On receipt of a sworn statement or solemn declaration under subsection (1.2), the Board shall cause inquiries to be made to ascertain whether the conditions referred to in subsection (1.1) are met.
Board to order suspension
(1.4)If the Board is satisfied that the conditions referred to in subsection (1.1) are met, it shall order that the applicant’s record in respect of an offence referred to in Schedule 3 be suspended.
Exception to revocation
(1.5)A record suspension ordered under subsection (1.1) may not be revoked by the Board under paragraph 7(b).
2012, c. 1, s. 117(1)
6Section 4.2 of the Act is amended by adding the following after subsection (1):
Restrictions on inquiries
(1.1)The inquiries referred to in paragraph (1)‍(a), made with respect to an application referred to in subsection 4(3.1) or (3.11), are not to take into account the non-payment of any fine or victim surcharge imposed for any offence referred to in Schedule 3.
Restrictions on inquiries
(1.2)The inquiries referred to in paragraphs (1)‍(b) and (c) do not apply to an application referred to in subsection 4(3.1) and, with respect to all other applications for a record suspension, are not to take into account any offence referred to in Schedule 3.
2012, c. 1, s. 120
6.1Subsection 6(2) of the Act is replaced by the following:
Records to be kept separate and not be disclosed
(2)A record of a conviction in respect of which a record suspension has been ordered that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records. Subject to subsection (2.1), no record of a conviction is to be disclosed to any person, nor is the existence of the record or the fact of the conviction to be disclosed to any person, without the prior approval of the Minister.
Limited disclosure
(2.1)The prior approval of the Minister referred to in subsection (2) is not necessary for the purposes of sections 734.5 and 734.6 of the Criminal Code or section 145.1 of the National Defence Act for non-payment of a fine or victim surcharge that is imposed for an offence referred to in Schedule 3.
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.‍ (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 to an application made only with respect to an offence referred to in Schedule 3 of this Act 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.
Annual report — applications
(4)In its annual report under section 11 of the Act for the year after the year in which this Act comes into force, the Board shall include information on the number of applications dealt with and disposed of in accordance with the Act, as amended by this Act, the associated costs and the number of suspensions that the Board ordered in respect of those applications, as well as the number that it refused to order.

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, except for similar synthetic preparations of cannabis, other than any substance that is identical to any phytocannabinoid produced by, or found in, a cannabis (marihuana) plant, regardless of how the substance was obtained;
(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, except for similar synthetic preparations of cannabis sativa, other than any substance that is identical to any phytocannabinoid produced by, or found in, a cannabis (marihuana) plant, regardless of how the substance was obtained; 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).

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