Bill C-31
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- ENGLISH
- SUMMARY SUMMARY
- TABLE OF PROVISIONS TABLE OF PROVISIONS
- Short Title Short Title
- Criminal Records Act Criminal Records Act
- Transitional Provisions Transitional Provisions
- Consequential Amendments Consequential Amendments
- Criminal Code Criminal Code
- National Defence Act National Defence Act
- Canadian Human Rights Act Canadian Human Rights Act
- Income Tax Act Income Tax Act
- DNA Identification Act DNA Identification Act
- Immigration and Refugee Protection Act Immigration and Refugee Protection Act
- Youth Criminal Justice Act Youth Criminal Justice Act
- Coordinating Amendment Coordinating Amendment
- Coming into Force Coming into Force
- EXPLANATORY NOTES EXPLANATORY NOTES
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Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021 |
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HOUSE OF COMMONS OF CANADA |
An Act to amend the Criminal Records Act and to make consequential amendments to other Acts
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FIRST READING, June 10, 2021
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MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS |
SUMMARY
This enactment amends the Criminal Records Act to, among other things,
(a) replace the expression “record suspension” with the term “pardon”;
(b) reduce the applicable waiting period before a person may apply for a pardon from 10 years to five years if the person is convicted of an offence that is prosecuted by indictment, and from five years to three years if the person is convicted only of an offence punishable on summary conviction;
(c) provide that Parole Board of Canada employees may exercise certain powers and perform certain duties and functions of the Board;
(d) remove the pardon ineligibility of persons who have been convicted of more than three offences prosecuted by indictment for each of which a sentence of two years or more was imposed;
(e) make persons who were convicted of a terrorism offence for which a sentence of 10 years or more was imposed ineligible for a pardon;
(f) amend the factors to be considered by the Board when deciding whether to grant a pardon;
(g) allow for identification following a DNA match in the same manner as following a fingerprint match; and
(h) remove the exception to automatic cessation of effect of a pardon for those convicted of an offence under subsection 320.14(1) or 320.15(1) of the Criminal Code.
The enactment also makes consequential amendments to other Acts.
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Available on the House of Commons website at the following address:
www.ourcommons.ca
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TABLE OF PROVISIONS
Reducing Barriers to Reintegration Act
Definitions
Terminology — other Acts
Terminology — other Acts
Criminal Code
National Defence Act
Canadian Human Rights Act
Income Tax Act
DNA Identification Act
Immigration and Refugee Protection Act
Youth Criminal Justice Act
Bill C-21
Order in council
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2nd Session, 43rd Parliament, 69-70 Elizabeth II, 2020-2021 |
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HOUSE OF COMMONS OF CANADA |
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BILL C-31 |
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An Act to amend the Criminal Records Act and to make consequential amendments to other Acts |
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short Title
1 This Act may be cited as the Reducing Barriers to Reintegration Act.
R.S., c. C-47
Criminal Records Act
2012, c. 1, s. 108
2 The long title of the Criminal Records Act is replaced by the following:
An Act to provide for the Insertion start pardon Insertion end of persons who have been convicted of offences and have subsequently rehabilitated themselves
2012, c. 1, s. 109(2)
3 (1) The definition record suspension in subsection 2(1) of the Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
pardon except in section 9, means a pardon granted under subsection 4.1(1) or (1.1); (pardon)
terrorism offence has the same meaning as in section 2 of the Criminal Code or in subsection 2(1) of the National Defence Act; (infraction de terrorisme)
End of inserted block4 The Act is amended by adding the following after section 2:
Purpose of the Act
End of inserted blockPurpose
Start of inserted block2.01 The purpose of this Act is to
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(a) allow persons who have served their sentence and continue to be law-abiding to be granted a pardon;
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(b) recognize that a pardon is the final step in the reintegration process and that timely reintegration contributes to public safety; and
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(c) reduce barriers to reintegration by limiting the effects of criminal records.
End of inserted block
2012, c. 1, s. 110; 2019, c. 20, s. 2
5 Section 2.1 of the Act is replaced by the following:
Jurisdiction of Board
2.1 (1) The Board has exclusive jurisdiction and absolute discretion to Insertion start grant Insertion end , refuse to Insertion start grant Insertion end or revoke a Insertion start pardon Insertion end .
Employees — applications under subsection 4(1)
Start of inserted block(1.1) In the context of a pardon application referred to in subsection 4(1), employees of the Board or any class of its employees may exercise any of the following powers and perform any of the following duties and functions of the Board:
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(a) for any application, determine whether the following criteria are met:
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(i) the applicant has not committed an offence that makes them ineligible for a pardon under subsection 4(2),
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(ii) every sentence of the applicant has expired according to law,
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(iii) the applicable period referred to in subsection 4(1) has elapsed, and
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(iv) the applicant has not incurred a new conviction as described in paragraph 4.1(1)(a);
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(b) if the applicant fails to meet any of the criteria referred to in paragraph (a), subject to the Board’s discretion under subsection 4(3), return the application as ineligible;
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(c) in the case of an application subject to the period referred to in paragraph 4(1)(b) in which all criteria referred to in paragraph (a) are met, grant the pardon.
End of inserted block
Employees — applications under subsection 4(3.1)
(2) The powers, duties and functions of the Board related to an application Insertion start for a pardon Insertion end 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. 111(1)
6 (1) Subsection 2.2(1) of the Act is replaced by the following:
Quorum
2.2 (1) Insertion start Subject to subsections 2.1(1.1) and (2), Insertion end an application for a Insertion start pardon Insertion end shall be determined, and a decision whether to revoke a Insertion start pardon Insertion end under section 7 shall be made, by a panel that consists of one member of the Board.
1992, c. 22, s. 2(1); 2012, c. 1, s. 111(2)(E)
(2) Subsection 2.2(2) of the English version of the Act is replaced by the following:
Panel of two or more persons
(2) The Chairperson of the Board may direct that the number of members of the Board required to constitute a panel to determine an application for a Insertion start pardon Insertion end , to decide whether to revoke a Insertion start pardon Insertion end under section 7 or to determine any class of those applications or make any class of those decisions shall be greater than one.
2012, c. 1, s. 112
7 The heading before section 2.3 of the Act is replaced by the following:
Effect of Insertion start Pardon Insertion end
2012, c. 1, s. 112
8 (1) The portion of section 2.3 of the Act before paragraph (a) is replaced by the following:
Effect of pardon
2.3 A Insertion start pardon Insertion end
2012, c. 1, s. 112
(2) Subparagraph 2.3(a)(ii) of the English version of the Act is replaced by the following:
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(ii) the conviction in respect of which the Insertion start pardon Insertion end is Insertion start granted Insertion end should no longer reflect adversely on the applicant’s character; and
2019, c. 20, s. 3(2)
(3) The portion of paragraph 2.3(b) of the Act before subparagraph (i) is replaced by the following:
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(b) unless the Insertion start pardon Insertion end is subsequently revoked or ceases to have effect, requires that the 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
2012, c. 1, s. 113
9 The heading before section 3 of the Act is replaced by the following:
For greater certainty
Start of inserted block2.4 For greater certainty, a pardon may be granted only in respect of all of an applicant’s convictions.
End of inserted blockApplication for Insertion start Pardon Insertion end
2012, c. 1, s. 114
10 Subsection 3(1) of the Act is replaced by the following:
Application for pardon
3 (1) Subject to section 4, a person who has been convicted of an offence under an Act of Parliament and a Canadian offender, Insertion start as defined in section 2 Insertion end of the International Transfer of Offenders Act, who has been transferred to Canada under that Act may apply to the Board for a Insertion start pardon Insertion end .
2012, c. 1, s. 115; 2019, c. 20, s. 4(1)
11 (1) Subsection 4(1) of the Act is replaced by the following:
Restrictions on application for pardon
4 (1) Subject to subsections Insertion start (1.2) Insertion end , (3.1) and (3.11), a person is ineligible to apply for a Insertion start pardon Insertion end until the following period has elapsed after the expiration according to law of any sentence:
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(a) Insertion start five Insertion end years, Insertion start if Insertion end the Insertion start person is convicted Insertion end of an offence that is prosecuted by indictment or Insertion start of Insertion end a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act; or
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(b) Insertion start three Insertion end years, Insertion start if Insertion end paragraph (a) Insertion start does not apply to the person and they are convicted Insertion end of an offence punishable on summary conviction or a service offence other than a service offence referred to in Insertion start that paragraph Insertion end .
Expiration of sentence — imprisonment
Start of inserted block(1.1) The reference to the expiration according to law of a sentence of imprisonment shall be read as a reference to the day on which the sentence expires, without taking into account
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(a) any period during which the offender could be entitled to statutory release or any period following a statutory release date; or
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(b) any remission that stands to the credit of the offender in respect of the offence.
End of inserted block
Applicable period — fine or other amount
Start of inserted block(1.2) A person who is sentenced to the payment of a fine or other amount of money — and to whom subsection (3.2) does not apply — is ineligible to apply for a pardon until the expiration according to law of any sentence. However, the applicable period referred to in subsection (1) begins on one of the following days:
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(a) if the person is sentenced only to the payment of a fine or other amount of money, the day on which the person was convicted;
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(b) if the person is sentenced to the payment of a fine or any other amount of money in addition to any other sentence, the day on which that other sentence expires.
End of inserted block
Long-term supervision
Start of inserted block(1.3) The period during which a person is supervised under an order for long-term supervision, as defined in subsection 2(1) of the Corrections and Conditional Release Act, is not included in the calculation of the period referred to in subsection (1).
End of inserted block2012, c. 1, s. 115
(2) The portion of subsection 4(2) of the Act before paragraph (a) is replaced by the following:
Ineligible persons
(2) Subject to subsection (3), a person is ineligible to apply for a Insertion start pardon Insertion end if Insertion start they have Insertion end been convicted of
2012, c. 1, s. 115
(3) Paragraph 4(2)(b) of the Act is replaced by the following:
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(b) a Insertion start terrorism Insertion end offence for which the person was sentenced to imprisonment for Insertion start 10 Insertion end years or more.
2012, c. 1, s. 115
(4) The portion of subsection 4(3) of the Act before paragraph (a) is replaced by the following:
Exception
(3) A person who has been convicted of an offence referred to in Schedule 1 may apply for a Insertion start pardon Insertion end if the Board is satisfied that
2019, c. 20, s. 4(2)
(5) Subsections 4(3.1) to (3.2) of the Act are replaced by the following:
Onus — exception
Start of inserted block(3.01) The person making the application has the onus of satisfying the Board that the conditions referred to in subsection (3) are met.
End of inserted blockOffence 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 Insertion start pardon Insertion end 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 apply for a Insertion start pardon Insertion end only 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 Insertion start pardon Insertion end 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.
2019, c. 20, s. 4(2)
(6) Subsection 4(3.21) of the English version of the Act is replaced by the following:
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 Insertion start pardon Insertion end referred to in subsection (3.11) until after all fines and victim surcharges have been paid.
2012, c. 1, s. 115; 2019, c. 20, ss. 4(2) and (3)
(7) Subsections 4(3.3) to (4.12) of the Act are replaced by the following:
Fee not payable
(3.3) Despite anything in an order made under the Financial Administration Act, a person who makes an application for a Insertion start pardon Insertion end 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.
Onus — person referred to in subsection (3.1)
(4) 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.
Information — application referred to in subsection (3.1)
(4.1) For the purpose of an application referred to in subsection (3.1), the Board may not require a person who makes the application to provide a certified copy of information contained in court records in support of the application unless the certified verification of the applicant’s criminal records and information contained in the police records or Canadian Armed Forces records provided in support of the application are not sufficient to demonstrate that the person has been convicted only of an offence referred to in Schedule 3 and that the only sentence imposed for that offence was payment of a fine or victim surcharge or both.
Onus — person referred to in subsection (3.11)
(4.2) 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.
2012, c. 1, s. 115
12 Section 4.01 of the Act is repealed.
2012, c. 1, s. 116(1); 2019, c. 20, ss. 5(1) and (2)
13 (1) Subsections 4.1(1) to (2) of the Act are replaced by the following:
Pardon
4.1 (1) Subject to subsection (1.1), the Board may Insertion start grant a pardon Insertion end , without taking into account any offence referred to in Schedule 3, if the Board is satisfied that
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(a) Insertion start in Insertion end the Insertion start case of a person Insertion end referred to in Insertion start paragraph 4(1)(a) or (b), that they have Insertion end not been convicted of an offence under an Act of Parliament Insertion start between Insertion end the Insertion start expiration according to law of any sentence and the consideration of their application; Insertion end and
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(b) in the case of a Insertion start person Insertion end referred to in paragraph 4(1)(a), Insertion start that they have been of good conduct during Insertion end the Insertion start period of time referred Insertion end to in Insertion start that paragraph Insertion end and Insertion start that granting Insertion end the Insertion start pardon Insertion end at that time would not bring the administration of justice into disrepute.
Pardon — 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 Insertion start grant the pardon Insertion end 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.
Exception to revocation
(2) A Insertion start pardon granted Insertion end under subsection (1.1) may not be revoked by the Board under paragraph 7(b).
2012, c. 1, s. 116(2)
(2) The portion of subsection 4.1(3) of the Act before paragraph (a) is replaced by the following:
Factors
(3) In determining whether Insertion start granting Insertion end the Insertion start pardon Insertion end would bring the administration of justice into disrepute, the Board may consider
2012, c. 1, s. 117(1)
14 (1) The portion of subsection 4.2(1) of the Act before paragraph (a) is replaced by the following:
Inquiries
4.2 (1) On receipt of an application for a Insertion start pardon Insertion end , the Board
2012, c. 1, s. 117(1)
(2) Paragraphs 4.2(1)(b) and (c) of the Act are replaced by the following:
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(b) if the applicant is eligible Insertion start and has been convicted of an offence referred to in paragraph 4(1)(a) Insertion end , shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and
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(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 Insertion start granting Insertion end the Insertion start pardon Insertion end would bring the administration of justice into disrepute.
2012, c. 1, s. 117(1); 2019, c. 20, s. 6
(3) Subsections 4.2(1.2) and (2) of the Act are replaced by the following:
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 Insertion start pardon Insertion end , are not to take into account any offence referred to in Schedule 3.
Entitlement to make representations
(2) If the Board proposes to refuse to Insertion start grant Insertion end a Insertion start pardon Insertion end , it shall notify in writing the applicant of its proposal and advise the applicant that Insertion start they are Insertion end entitled to make, or have made on Insertion start their Insertion end behalf, any representations to the Board that Insertion start they believe Insertion end relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.
2012, c. 1, s. 117(2)
(4) Subsection 4.2(4) of the Act is replaced by the following:
Waiting period after refusal
(4) An applicant may not re-apply for a Insertion start pardon before Insertion end the Insertion start first anniversary Insertion end of the day on which the Board refuses to Insertion start grant Insertion end a Insertion start pardon Insertion end .
1992, c. 22, s. 4(2); 2012, c. 1, s. 118
15 Sections 4.3 and 4.4 of the Act are replaced by the following:
Functions of Executive Committee
Insertion start 5 Insertion end The Executive Committee shall, after the consultation with Board members that it considers appropriate, adopt policies relating to applications for Insertion start pardons Insertion end , including related inquiries and proceedings.
2012, c. 1, s. 120; 2019, c. 20, s. 6.1
16 (1) Subsections 6(1) and (2) of the Act are replaced by the following:
Records to be delivered to Commissioner
6 (1) The Minister may, by order in writing addressed to a Insertion start department or agency of the Government of Canada Insertion end having the custody or control of a record of a conviction in respect of which a Insertion start pardon Insertion end has been Insertion start granted Insertion end , require that Insertion start department or agency Insertion end to deliver that record into the Commissioner’s custody.
Informing federal departments or agencies
Start of inserted block(1.1) The Board or the Commissioner may inform a department or agency of the Government of Canada having custody or control of a record of conviction that a pardon has been granted in respect of the record, for the purpose of enabling the department or agency to protect the record in accordance with this Act.
End of inserted blockInforming provinces or municipalities
Start of inserted block(1.2) The Board or the Commissioner may inform a province or municipality having custody or control of a record of conviction that a pardon has been granted in respect of the record, for the purpose of enabling the province or municipality to protect the record.
End of inserted blockRecords to be kept separate and not be disclosed
(2) A record of a conviction in respect of which a Insertion start pardon Insertion end has been Insertion start granted Insertion end 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.
1998, c. 37, s. 25
(2) Subsection 6(4) of the Act is replaced by the following:
Information in national DNA data bank
(4) For greater certainty, a record of a conviction includes any information in relation to the conviction that is contained in the convicted offenders index of the national DNA data bank established under the DNA Identification Act.
1992, c. 22, s. 6
17 Paragraph 6.1(1)(a) of the English version of the Act is replaced by the following:
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(a) more than one year has elapsed since Insertion start the day on which Insertion end the offender was Insertion start ordered Insertion end discharged absolutely; or
1992, c. 22, s. 6; 2012, c. 1, s. 121
18 Section 6.2 of the Act is replaced by the following:
Disclosure to police forces
6.2 Despite sections 6 and 6.1, the name, date of birth and last known address of a person Insertion start who has been granted a pardon Insertion end under section 4.1 or who has received a discharge referred to in section 6.1 may be disclosed to a police force if Insertion start any of the following conditions is met: Insertion end
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Insertion start (a) Insertion end a fingerprint, identified as that of the person, is found
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Insertion start (i) Insertion end at the scene of a crime during an investigation of the crime, or
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Insertion start (ii) Insertion end during an attempt to identify a deceased person or a person suffering from amnesia;
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Start of inserted block
(b) DNA analysis of a bodily substance provides evidence that the substance is from the person after the substance is found
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(i) at the scene of a crime during an investigation of the crime, or
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(ii) during an attempt to identify a deceased person or a person suffering from amnesia.
End of inserted block
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2012, c. 1, s. 122(1)
19 (1) Subsection 6.3(2) of the Act is replaced by the following:
Notation — offence listed in Schedule 1 or 2
(2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether, Insertion start in respect of a person, Insertion end there is a record of conviction for an offence listed in Schedule Insertion start 1 or Insertion end 2 in respect of which Insertion start that person Insertion end has been Insertion start granted a pardon Insertion end .
2012, c. 1, s. 122(1)
(2) The portion of subsection 6.3(3) of the French version of the Act before paragraph (a) is replaced by the following:
Vérification — emploi
(3) Insertion start Tout Insertion end corps policier ou autre organisme autorisé doit, à la demande Insertion start d’une personne Insertion end ou d’une organisation responsable du bien-être d’un enfant ou d’une personne vulnérable, vérifier si la personne qui postule Insertion start pour Insertion end un emploi — rémunéré ou à titre bénévole — auprès de Insertion start cette personne Insertion end ou de cette organisation, fait l’objet de l’indication mentionnée au paragraphe (2) lorsque :
2000, c. 1, s. 6
(3) Subsections 6.3(4) and (5) of the Act are replaced by the following:
Verification — custody, care, parenting order or adoption
Start of inserted block(3.1) At the request of a person or organization responsible for investigating whether a person is fit to be granted custody, care or a parenting order in respect of a child or vulnerable person or to have a child or vulnerable person placed with them for the purpose of adoption, a member of a police force or other authorized body shall verify whether the person being investigated is the subject of a notation made under subsection (2), if the person being investigated consents in writing to the verification.
End of inserted blockVerification — licence
Start of inserted block(3.2) At the request of any person or organization responsible for licensing an activity in which the holder of the licence may be placed in a position of trust or authority towards a child or vulnerable person, a member of a police force or other authorized body shall verify whether the person applying for the licence is the subject of a notation made under subsection (2), if the person applying for the licence consents in writing to the verification.
End of inserted blockUnauthorized use
(4) Except as authorized by Insertion start any of subsections Insertion end (3) Insertion start to (3.2) Insertion end , no person shall verify whether a person is the subject of a notation made in accordance with subsection (2).
Request to forward record to Minister
(5) A police force or other authorized body that identifies a Insertion start person applying Insertion end for a position referred to in paragraph (3)(a) Insertion start or a licence referred to in subsection (3.2) or a person who is the subject of an investigation referred to in subsection (3.1) Insertion end as being a person who is the subject of a notation made in accordance with subsection (2) shall request the Commissioner to provide the Minister with any record of a conviction of that Insertion start person Insertion end , and the Commissioner shall transmit any such record to the Minister.
2000, c. 1, s. 6
(4) Subsections 6.3(7) and (8) of the Act are replaced by the following:
Disclosure to person or organization
(7) A police force or other authorized body shall disclose the information referred to in subsection (6) to the person or organization that requested a verification if the Insertion start person applying for a position referred to in paragraph (3)(a) or a licence referred to in subsection (3.2) or who is the subject of an investigation referred to in subsection (3.1) Insertion end has consented in writing to the disclosure.
Use of information
(8) A person or organization that acquires information under this section in relation to an application for a position Insertion start referred to in paragraph (3)(a) or a licence referred to in subsection (3.2) or an investigation referred to in subsection (3.1) Insertion end shall not use it or communicate it except in relation to the assessment of the application.
2012, c. 1, s. 123
20 Section 6.4 of the Act is replaced by the following:
Operation of section 6.3
6.4 Section 6.3 applies in respect of a record of a conviction for any offence in respect of which a Insertion start pardon Insertion end has been Insertion start granted Insertion end regardless of the date of the conviction.
2012, c. 1, s. 124
21 (1) The portion of section 7 of the Act before paragraph (a) is replaced by the following:
Revocation of pardon
7 A Insertion start pardon Insertion end may be revoked by the Board
2012, c. 1, s. 124
(2) Paragraph 7(a) of the French version of the Act is replaced by the following:
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a) la personne Insertion start à qui Insertion end le Insertion start pardon Insertion end a été Insertion start octroyé Insertion end est condamnée pour une infraction visée à l’alinéa 4(1)b), à l’exception de toute infraction visée au sous-alinéa 7.2a)(ii);
2012, c. 1, s. 124
(3) Paragraphs 7(b) and (c) of the Act are replaced by the following:
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(b) Insertion start in the case of a pardon granted in respect of an offence referred to in paragraph 4(1)(a) Insertion end , on evidence establishing to the satisfaction of the Board that the person to whom it relates is no longer of good conduct; or
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(c) on evidence establishing to the satisfaction of the Board that the person to whom it relates knowingly made a false or deceptive statement in relation to the application for the Insertion start pardon Insertion end , or knowingly concealed some material particular in relation to that application.
2012, c. 1, s. 125(1)
22 Subsection 7.1(1) of the Act is replaced by the following:
Entitlement to make representations
7.1 (1) If the Board proposes to revoke a Insertion start pardon Insertion end , it shall notify in writing the person to whom it relates of its proposal and advise that person that Insertion start they are Insertion end entitled to make, or have made on Insertion start their Insertion end behalf, any representations to the Board that Insertion start they believe Insertion end relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.
2012, c. 1, s. 126
23 (1) The portion of section 7.2 of the Act before paragraph (a) is replaced by the following:
Cessation of effect of pardon
7.2 A Insertion start pardon Insertion end ceases to have effect if
2012, c. 1, s. 126
(2) The portion of paragraph 7.2(a) of the French version of the Act before subparagraph (i) is replaced by the following:
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a) la personne Insertion start à qui Insertion end le Insertion start pardon Insertion end a été Insertion start octroyé Insertion end est condamnée :
2018, c. 16, s. 193
(3) Subparagraph 7.2(a)(ii) of the Act is replaced by the following:
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(ii) an offence under the Criminal Code, the Cannabis Act, the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction; or
2012, c. 1, s. 126
(4) Paragraph 7.2(b) of the Act is replaced by the following:
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(b) the Board is convinced by new information that the person was not eligible for the Insertion start pardon Insertion end when it was Insertion start granted Insertion end .
2012, c. 1, s. 127
24 The portion of section 8 of the Act before paragraph (a) is replaced by the following:
Applications for employment
8 No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a Insertion start pardon Insertion end has been Insertion start granted Insertion end and has not been revoked or ceased to have effect:
2012, c. 1, s. 128
25 Section 9.01 of the Act is replaced by the following:
Disclosure of decisions
9.01 The Board may disclose decisions that Insertion start grant Insertion end or refuse to Insertion start grant pardons Insertion end . However, it may not disclose information that could reasonably be expected to identify an individual unless the individual authorizes the disclosure in writing.
2000, c. 1, s. 8; 2012, c. 1, s. 129(1)(E)
26 Paragraph 9.1(c) of the Act is replaced by the following:
-
(c) respecting the consent given by Insertion start a person being considered for a position, custody, care, parenting order, adoption or licence, as the case may be Insertion end , to the verification of records and the disclosure of information contained in them, including the information to be given to Insertion start the person Insertion end before obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3), Insertion start (3.1), (3.2) Insertion end and (7);
2012, c. 1, s. 130
27 Paragraphs 11(1)(a) to (c) of the Act are replaced by the following:
-
(a) the number of applications for Insertion start pardons Insertion end made in respect of the offences referred to in each of paragraphs 4(1)(a) and (b);
-
(b) the number of Insertion start pardons Insertion end that the Board Insertion start granted Insertion end or refused to Insertion start grant Insertion end , in respect of the offences referred to in each of paragraphs 4(1)(a) and (b);
-
(c) the number of Insertion start pardons granted Insertion end , categorized by the offence to which they relate and, if applicable, the province of residence of the applicant; and
2012, c. 1, s. 131
28 Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following:
2019, c. 20, s. 7
29 Schedule 3 to the Act is amended by replacing the references after the heading “SCHEDULE 3” with the following:
Transitional Provisions
Definitions
30 (1) The following definitions apply in this section and in sections 31 and 32.
pardon has the same meaning as in subsection 2(1) of the Criminal Records Act, as amended by subsection 3(2), or as in subsection 2(1) of that Act as it read from time to time before March 13, 2012. (Version anglaise seulement)
record suspension has the same meaning as in subsection 2(1) of the Criminal Records Act as it read from time to time after March 12, 2012 but before the coming into force of subsection 3(2). (suspension du casier)
Offences committed before coming into force
(2) Subject to subsection (3), an application for a pardon or record suspension, as the case may be, made before, on or after the day on which this section comes into force, in respect of an offence committed before the day on which this section comes into force, if the application has not been dealt with and disposed of before that day, shall be dealt with and disposed of as if the application were an application for a pardon or record suspension under the Criminal Records Act as it read on whichever of the following days provides the least restrictive regime for the applicant:
-
(a) the day on which the offence was committed;
-
(b) the day on which the sentence was imposed; or
-
(c) the day on which the application is dealt with and disposed of.
However, if the person is otherwise eligible to apply for a pardon under the least restrictive regime, they are subjected to the shorter of the applicable period referred to in subsection 4(1) of the Criminal Records Act, as enacted by subsection 11(1), and the applicable period under the least restrictive regime.
Applicable provisions
(3) Sections 2.1 and 2.2 of the Criminal Records Act, as enacted by section 5 and amended by section 6, respectively, apply to all applications.
Continuing offence
(4) For the purpose of paragraph (2)(a), the day on which a continuing offence is committed is deemed to be the day — during the period over which the offence is committed — on which the Criminal Records Act provides the least restrictive regime for the applicant.
Terminology
(5) The provisions of the Criminal Records Act, as they read from time to time before the day on which this section comes into force, in respect of a record suspension or a pardon, as the case may be, may be interpreted, if the context so requires, as also applying,
-
(a) in the case of a record suspension, to a pardon; and
-
(b) in the case of a pardon, to a record suspension.
Terminology — other Acts
31 If the context so requires, a reference to a pardon in the following provisions, as enacted by this Act, may be read also as a reference to a record suspension:
-
(a) the definition pardon in subsection 490.011(1) and paragraph 638(1)(c) of the Criminal Code;
-
(b) the definition pardon in section 227 of the National Defence Act;
-
(c) section 2, subsection 3(1) and the definition conviction for an offence for which a pardon has been granted in section 25 of the Canadian Human Rights Act;
-
(d) subparagraph (a)(ii) of the definition ineligible individual in subsection 149.1(1) of the Income Tax Act;
-
(e) subsection 10(8) of the DNA Identification Act;
-
(f) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act; and
-
(g) subsection 128(5) of the Youth Criminal Justice Act.
Terminology — other Acts
32 If the context so requires, a reference to an application for a pardon in the following provisions, as enacted by this Act, may be read also as a reference to an application for a record suspension that is not dealt with and disposed of on the day on which this section comes into force:
-
(a) paragraph 672.35(c) and subsection 750(4) of the Criminal Code;
-
(b) paragraph 202.14(2)(h) of the National Defence Act; and
-
(c) paragraph 82(1)(d) and subparagraphs 119(1)(n)(iii) and 120(4)(c)(iii) of the Youth Criminal Justice Act.
Consequential Amendments
R.S., c. C-46
Criminal Code
2012, c. 1, s. 141(3)
33 (1) The definition record suspension in subsection 490.011(1) of the Criminal Code is repealed.
2012, c. 1, ss. 141(2)(E) and (4)(F)
(2) The definition pardon in subsection 490.011(1) of the Act is replaced by the following:
pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked Insertion start or a pardon, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect Insertion end . (pardon)
2012, c. 1, s. 142(1)
34 (1) Subsection 490.015(3) of the Act is replaced by the following:
Pardon
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.
2012, c. 1, s. 142(2)
(2) Subsection 490.015(5) of the Act is replaced by the following:
Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.
2012, c. 1, s. 143
35 Paragraph 490.022(2)(c) of the Act is replaced by the following:
-
(c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon to a person who collects information, as defined in subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.
2012, c. 1, s. 144
36 Subsections 490.026(4) and (5) of the Act are replaced by the following:
Pardon
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon.
Re-application
(5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or to an order under section 490.012 or under section 227.01 of the National Defence Act.
2019, c. 25, s. 271
37 Paragraph 638(1)(c) of the Act is replaced by the following:
-
(c) a juror has been convicted of an offence for which they were sentenced to a term of imprisonment of two years or more and for which no Insertion start conditional Insertion end pardon Insertion start granted under Her Majesty’s royal prerogative of mercy or under section 748 — nor a pardon, as defined in subsection 2(1) of the Criminal Records Act Insertion end — is in effect;
2012, c. 1, s. 145 and subpar. 160(c)(ii)
38 Paragraph 672.35(c) of the Act is replaced by the following:
-
(c) the Parole Board of Canada or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a Insertion start pardon Insertion end under the Criminal Records Act in respect of any other offence.
2012, c. 1, s. 146
39 Subsection 750(4) of the Act is replaced by the following:
Application for restoration of privileges
(4) A person to whom subsection (3) applies may, at any time before a Insertion start pardon Insertion end for which Insertion start they have Insertion end applied is Insertion start granted Insertion end under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.
R.S., c. N-5
National Defence Act
2012, c. 1, s. 152 and subpar. 160(h)(i)
40 Paragraph 202.14(2)(h) of the National Defence Act is replaced by the following:
-
(h) the Parole Board of Canada or any provincial parole board may take the finding into account in considering an application by that person for parole or for a Insertion start pardon Insertion end under the Criminal Records Act in respect of any other offence.
2012, c. 1, s. 153(3)
41 (1) The definition record suspension in section 227 of the Act is repealed.
2012, c. 1, ss. 153 (2)(E) and (4)(F)
(2) The definition pardon in section 227 of the Act is replaced by the following:
pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked Insertion start or a pardon, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect Insertion end . (pardon)
2012, c. 1, s. 154(1)
42 (1) Subsection 227.03(3) of the Act is replaced by the following:
Pardon
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.
2012, c. 1, s. 154(2)
(2) Subsection 227.03(5) of the Act is replaced by the following:
Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.
2012, c. 1, s. 155
43 Subsections 227.12(4) and (5) of the Act are replaced by the following:
Pardon
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon.
Re-application
(5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or under section 36.1 of the International Transfer of Offenders Act or to an order under section 227.01 of this Act or section 490.012 of the Criminal Code.
R.S., c. H-6
Canadian Human Rights Act
2017, c. 3, s. 11(2)
44 Section 2 of the English version of the Canadian Human Rights Act is replaced by the following:
Purpose
2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted.
2017, c. 3, s. 11(3)
45 Subsection 3(1) of the English version of the Act is replaced by the following:
Prohibited grounds of discrimination
3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted.
2012, c. 1, ss. 139(2)(F) and (3)(E)
46 The definition conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered in section 25 of the Act is replaced by the following:
conviction for an offence for which a pardon has been granted means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy, under section 748 of the Criminal Code or under the Criminal Records Act, that has not been revoked or ceased to have effect; (état de personne graciée)
R.S., c. 1 (5th Supp.)
Income Tax Act
47 (1) Subparagraphs (a)(i) and (ii) of the definition ineligible individual in subsection 149.1(1) of the Income Tax Act are replaced by the following:
-
(i) a pardon has been granted Insertion start under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code and the pardon Insertion end has not been revoked or ceased to have effect, or
-
(ii) a Insertion start pardon Insertion end has been Insertion start granted Insertion end under the Criminal Records Act and the Insertion start pardon Insertion end has not been revoked or ceased to have effect,
(2) Subsection 149.1(1.01) of the Act is repealed.
1998, c. 37
DNA Identification Act
2012, c. 1, s. 148
48 Subsection 10(8) of the DNA Identification Act is replaced by the following:
Pardon
(8) Despite anything in this section, stored bodily substances of a person in respect of whom a Insertion start pardon Insertion end , as defined in subsection 2(1) of the Criminal Records Act, is in effect shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any person.
2001, c. 27
Immigration and Refugee Protection Act
2012, c. 1, s. 149
49 Paragraph 36(3)(b) of the Immigration and Refugee Protection Act is replaced by the following:
-
(b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a Insertion start pardon Insertion end has been Insertion start granted Insertion end and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;
2012, c. 1, s. 150
50 Paragraph 53(f) of the Act is replaced by the following:
-
(f) the effect of a Insertion start pardon granted Insertion end under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and
2002, c. 1
Youth Criminal Justice Act
2012, c. 1, s. 156 and subpar. 160(l)(ii)
51 Paragraph 82(1)(d) of the Youth Criminal Justice Act is replaced by the following:
-
(d) the Parole Board of Canada or any provincial parole board may consider the finding of guilt in considering an application for conditional release or for a Insertion start pardon Insertion end under the Criminal Records Act.
2012, c. 1, s. 157
52 Subparagraph 119(1)(n)(iii) of the Act is replaced by the following:
-
(iii) considering an application for conditional release, or for a Insertion start pardon Insertion end under the Criminal Records Act, made by the young person, whether as a young person or an adult,
2012, c. 1, s. 158
53 Subparagraph 120(4)(c)(iii) of the Act is replaced by the following:
-
(iii) considering an application for conditional release, or for a Insertion start pardon Insertion end under the Criminal Records Act, made by the young person after the young person becomes an adult.
2012, c. 1, s. 159
54 Subsection 128(5) of the Act is replaced by the following:
Exception
(5) Despite subsections (1), (2) and (4), an entry that is contained in a system maintained by the Royal Canadian Mounted Police to match crime scene information and that relates to an offence committed or alleged to have been committed by a young person shall be dealt with in the same manner as information that relates to an offence committed by an adult for which a Insertion start pardon granted Insertion end under the Criminal Records Act is in effect.
Coordinating Amendment
Bill C-21
55 If Bill C-21, introduced in the 2nd session of the 43rd Parliament and entitled An Act to amend certain Acts and to make certain consequential amendments (firearms), receives royal assent, then, on the first day on which both subsection 45(6) of that Act and section 49 of this Act are in force, paragraph 36(3)(b) of the English version of the Immigration and Refugee Protection Act is replaced by the following:
-
(b) inadmissibility under subsections (1) to (2.1) may not be based on a conviction in respect of which a pardon has been granted and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;
Coming into Force
Order in council
56 This Act, other than section 55, comes into force on a day to be fixed by order of the Governor in Council.
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Published under authority of the Speaker of the House of Commons
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EXPLANATORY NOTES
An Act to provide for the suspension of the records of persons who have been convicted of offences and have subsequently rehabilitated themselves
record suspension means a measure ordered by the Board under section 4.1; (suspension du casier)
2.1 (1) The Board has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension.
(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.
2.2 (1) An application for a record suspension shall be determined, and a decision whether to revoke a record suspension under section 7 shall be made, by a panel that consists of one member of the Board.
(2) The Chairperson of the Board may direct that the number of members of the Board required to constitute a panel to determine an application for a record suspension, to decide whether to revoke a record suspension under section 7 or to determine any class of those applications or make any class of those decisions shall be greater than one.
2.3 A record suspension
-
(a) is evidence of the fact that
-
...
-
(ii) the conviction in respect of which the record suspension is ordered should no longer reflect adversely on the applicant’s character; and
-
-
(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
3 (1) Subject to section 4, a person who has been convicted of an offence under an Act of Parliament may apply to the Board for a record suspension in respect of that offence, and a Canadian offender, within the meaning of the International Transfer of Offenders Act, who has been transferred to Canada under that Act may apply to the Board for a record suspension in respect of the offence of which he or she has been found guilty.
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:
-
(a) 10 years, in the case of an offence that is prosecuted by indictment or is a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act; or
-
(b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a).
(2) Subject to subsection (3), a person is ineligible to apply for a record suspension if he or she has been convicted of
-
...
-
(b) more than three offences each of which either was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more.
(3) A person who has been convicted of an offence referred to in Schedule 1 may apply for a record suspension if the Board is satisfied that
(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).
(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.
(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.
(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.
(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.
(4) The person has the onus of satisfying the Board that the conditions referred to in subsection (3) are met.
(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.
(4.11) For the purpose of an application referred to in subsection (3.1), the Board may not require a person who makes the application to provide a certified copy of information contained in court records in support of the application unless the certified verification of the applicant’s criminal records and information contained in the police records or Canadian Armed Forces records provided in support of the application are not sufficient to demonstrate that the person has been convicted only of an offence referred to in Schedule 3 and that the only sentence imposed for that offence was payment of a fine or victim surcharge or both.
(4.12) 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.
4.01 The period during which a person is supervised under an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, is not included in the calculation of the period referred to in subsection 4(1).
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
-
(a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct and has not been convicted of an offence under an Act of Parliament; and
-
(b) in the case of an offence referred to in paragraph 4(1)(a), ordering the record suspension at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.
(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.
(1.2) A record suspension ordered under subsection (1.1) may not be revoked by the Board under paragraph 7(b).
(2) In the case of an offence referred to in paragraph 4(1)(a), the applicant has the onus of satisfying the Board that the record suspension would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.
(3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider
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.
(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.
(2) If the Board proposes to refuse to order a record suspension, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.
(4) An applicant may not re-apply for a record suspension until the expiration of one year after the day on which the Board refuses to order a record suspension.
4.3 For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account
-
(a) any period during which the offender could be entitled to statutory release or any period following a statutory release date; or
-
(b) any remission that stands to the credit of the offender in respect of the offence.
4.4 The Executive Committee shall, after the consultation with Board members that it considers appropriate, adopt policies relating to applications for record suspensions, including related inquiries and proceedings.
6 (1) The Minister may, by order in writing addressed to a person having the custody or control of a judicial record of a conviction in respect of which a record suspension has been ordered, require that person to deliver that record into the Commissioner’s custody.
(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.
(4) For greater certainty, a judicial record of a conviction includes any information in relation to the conviction that is contained in the convicted offenders index of the national DNA data bank established under the DNA Identification Act.
6.1 (1) No record of a discharge under section 730 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if
-
(a) more than one year has elapsed since the offender was discharged absolutely; or
6.2 Despite sections 6 and 6.1, the name, date of birth and last known address of a person whose record is suspended under section 4.1 or who has received a discharge referred to in section 6.1 may be disclosed to a police force if a fingerprint, identified as that of the person, is found
-
(a) at the scene of a crime during an investigation of the crime; or
-
(b) during an attempt to identify a deceased person or a person suffering from amnesia.
(2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether there is a record of an individual’s conviction for an offence listed in Schedule 2 in respect of which a record suspension has been ordered.
(3) At the request of any person or organization responsible for the well-being of a child or vulnerable person and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if
(4) Except as authorized by subsection (3), no person shall verify whether a person is the subject of a notation made in accordance with subsection (2).
(5) A police force or other authorized body that identifies an applicant for a position referred to in paragraph (3)(a) as being a person who is the subject of a notation made in accordance with subsection (2) shall request the Commissioner to provide the Minister with any record of a conviction of that applicant, and the Commissioner shall transmit any such record to the Minister.
(7) A police force or other authorized body shall disclose the information referred to in subsection (6) to the person or organization that requested a verification if the applicant for a position has consented in writing to the disclosure.
(8) A person or organization that acquires information under this section in relation to an application for a position shall not use it or communicate it except in relation to the assessment of the application.
6.4 Section 6.3 applies in respect of a record of a conviction for any offence in respect of which a record suspension has been ordered regardless of the date of the conviction.
7 A record suspension may be revoked by the Board
-
(a) if the person to whom it relates is subsequently convicted of an offence referred to in paragraph 4(1)(b), other than an offence referred to in subparagraph 7.2(a)(ii);
-
(b) on evidence establishing to the satisfaction of the Board that the person to whom it relates is no longer of good conduct; or
-
(c) on evidence establishing to the satisfaction of the Board that the person to whom it relates knowingly made a false or deceptive statement in relation to the application for the record suspension, or knowingly concealed some material particular in relation to that application.
7.1 (1) If the Board proposes to revoke a record suspension, it shall notify in writing the person to whom it relates of its proposal and advise that person that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.
7.2 A record suspension ceases to have effect if
-
(a) the person to whom it relates is subsequently convicted of
-
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(ii) an offence under the Criminal Code other than an offence under subsection 320.14(1) or 320.15(1) of that Act — or under the Cannabis Act, the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985 — that is punishable either on conviction on indictment or on summary conviction; or
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(b) the Board is convinced by new information that the person was not eligible for the record suspension when it was ordered.
8 No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect:
9.01 The Board may disclose decisions that order or refuse to order record suspensions. However, it may not disclose information that could reasonably be expected to identify an individual unless the individual authorizes the disclosure in writing.
9.1 The Governor in Council may make regulations
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(c) respecting the consent given by applicants to the verification of records and the disclosure of information contained in them, including the information to be given to applicants before obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3) and (7);
11 (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister a report for that year containing the following information:
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(a) the number of applications for record suspensions made in respect of the offences referred to in each of paragraphs 4(1)(a) and (b);
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(b) the number of record suspensions that the Board ordered or refused to order, in respect of the offences referred to in each of paragraphs 4(1)(a) and (b);
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(c) the number of record suspensions ordered, categorized by the offence to which they relate and, if applicable, the province of residence of the applicant; and
pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked. (pardon)
record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.
(2) The obligation ends on the earliest of
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(c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon or record suspension to a person who collects information, as defined in subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
(5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or to an order under section 490.012 or under section 227.01 of the National Defence Act.
638 (1) A prosecutor or an accused is entitled to any number of challenges on the ground that
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(c) a juror has been convicted of an offence for which they were sentenced to a term of imprisonment of two years or more and for which no pardon or record suspension is in effect;
672.35 Where a verdict of not criminally responsible on account of mental disorder is rendered, the accused shall not be found guilty or convicted of the offence, but
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(c) the Parole Board of Canada or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence.
(4) A person to whom subsection (3) applies may, at any time before a record suspension for which he or she has applied is ordered under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.
(2) Where a finding of not responsible on account of mental disorder is made, the accused person shall not be found guilty or convicted of the offence, but
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(h) the Parole Board of Canada or any provincial parole board may take the finding into account in considering an application by that person for parole or for a record suspension under the Criminal Records Act in respect of any other offence.
pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked. (pardon)
record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
(5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or under section 36.1 of the International Transfer of Offenders Act or to an order under section 227.01 of this Act or section 490.012 of the Criminal Code.
2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act, that has not been revoked or ceased to have effect; (état de personne graciée)
(8) Despite anything in this section, stored bodily substances of a person in respect of whom a record suspension, as defined in subsection 2(1) of the Criminal Records Act, is in effect shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any person.
(3) The following provisions govern subsections (1) and (2):
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(b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;
53 The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting
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(f) the effect of a record suspension under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and
82 (1) Subject to section 12 (examination as to previous convictions) of the Canada Evidence Act, if a young person is found guilty of an offence, and a youth justice court directs under paragraph 42(2)(b) that the young person be discharged absolutely, or the youth sentence, or any disposition made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, has ceased to have effect, other than an order under section 51 (mandatory prohibition order) of this Act or section 20.1 (mandatory prohibition order) of the Young Offenders Act, the young person is deemed not to have been found guilty or convicted of the offence except that
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(d) the Parole Board of Canada or any provincial parole board may consider the finding of guilt in considering an application for conditional release or for a record suspension under the Criminal Records Act.
119 (1) Subject to subsections (4) to (6), from the date that a record is created until the end of the applicable period set out in subsection (2), the following persons, on request, shall be given access to a record kept under section 114, and may be given access to a record kept under sections 115 and 116:
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(n) a member of a department or agency of a government in Canada, or of an organization that is an agent of, or under contract with, the department or agency, who is
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(iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person, whether as a young person or an adult,
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(4) If a young person was found guilty of an offence set out in the schedule is, during the period of access to a record under subsection (3), found guilty of an additional offence set out in the schedule, committed when he or she was a young person, access to the record may be given to the following additional persons:
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(c) a member of a department or agency of a government in Canada, or of an organization that is an agent of, or is under contract with, the department or agency, who is
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(iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person after the young person becomes an adult.
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(5) Despite subsections (1), (2) and (4), an entry that is contained in a system maintained by the Royal Canadian Mounted Police to match crime scene information and that relates to an offence committed or alleged to have been committed by a young person shall be dealt with in the same manner as information that relates to an offence committed by an adult for which a record suspension ordered under the Criminal Records Act is in effect.