(a) where the committal to custody is for a period not exceeding one year, once at any time after the expiration of the greater of

      (i) thirty days after the date of the disposition made under subsection 20(1) in respect of the offence, and

      (ii) one third of the period of the disposition made under subsection 20(1) in respect of the offence, and

    (b) where the committal to custody is for a period exceeding one year, at any time after six months after the date of the most recent disposition made in respect of the offence,

or, with leave of a youth court judge, at any other time, and where a youth court is satisfied that there are grounds for the review under subsection (4), the court shall review the disposition.

(2) Subsection 28(4) of the Act is amended by striking out the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):

    (c.1) on the ground that the opportunities for rehabilitation are now greater in the community; or

1992, c. 11, s. 8

(3) Paragraphs 28(17)(b) and (c) of the Act are replaced by the following:

    (b) where the young person is in secure custody pursuant to subsection 24.1(2), by order direct that the young person be placed in open custody; or

    (c) release the young person from custody and place the young person

      (i) on probation in accordance with section 23 for a period not exceeding the remainder of the period for which the young person was committed to custody, or

      (ii) under conditional supervision in accordance with the procedure set out in section 26.2, with such modifications as the circumstances require, for a period not exceeding the remainder of the disposition the young person is then serving.

23. The Act is amended by adding the following after section 28:

Application to court for review of level of custody

28.1 (1) Where a young person is placed in secure custody pursuant to subsection 24.1(3) or transferred to secure custody pursuant to subsection 24.2(11), the youth court shall review the level of custody if an application therefor is made by the young person or the young person's parent.

Report

(2) The youth court shall, before conducting a review under this section, require the provincial director to cause to be prepared, and to submit to the youth court, a report setting out the reasons for the placement or transfer.

Provisions apply

(3) The provisions of subsections 14(4) to (10) apply, with such modifications as the circumstances require, in respect of the report referred to in subsection (2), and the provisions of subsections 28(11) to (16) apply, with such modifications as the circumstances require, to every review under this section.

Decision of the youth court

(4) Where the youth court conducts a review under this section, it may, after affording the young person, the young person's parents and the provincial director an opportunity to be heard, confirm or alter the level of custody, having regard to the needs of the young person and the interests of society.

Decision is final

(5) A decision of the youth court on a review under this section in respect of any particular placement or transfer is, subject to any subsequent order made pursuant to a review under section 28 or 29, final.

R.S., c. 24 (2nd Supp.), s. 22(1)

24. (1) Paragraph 29(1)(a) of the Act is replaced by the following:

    (a) be transferred from a place or facility of secure custody to a place or facility of open custody, where the young person is held in a place or facility of secure custody pursuant to subsection 24.1(2), or

R.S., c. 1 (4th Supp.), s. 40

(2) Subsection 29(3) of the Act is replaced by the following:

Subsections 28(5), (7) to (10) and (12) to (17) apply

(3) Subject to subsection (4), subsections 28(5), (7) to (10) and (12) to (17) apply, with such modifications as the circumstances require, in respect of reviews made under this section and any notice required under subsection 28(12) shall be given to the provincial director.

(3) Subsection 29(4) of the Act is amended by adding the following after paragraph (c):

    and, for greater certainty, an order or direction under this subsection may be made without a hearing.

25. Paragraph 35(1)(b) of the Act is amended by striking out the word ``or'' at the end of subparagraph (ii), by adding the word ``or'' at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

      (iv) attend an out-patient treatment program or other program that provides services that are suitable to addressing the young person's needs.

26. Paragraph 36(1)(b) of the Act is replaced by the following:

    (b) all the dispositions made under this Act in respect of the offence, and all terms of those dispositions, have ceased to have effect,

27. (1) Section 38 of the Act is amended by adding the following after subsection (1.1):

Preparation of reports

(1.11) Subsection (1) does not apply in respect of the disclosure of information by the provincial director or a youth worker where the disclosure is necessary for procuring information that relates to the preparation of any report required by this Act.

No subsequent disclosure

(1.12) No person to whom information is disclosed pursuant to subsection (1.11) shall disclose that information to any other person unless the disclosure is necessary for the purpose of preparing the report for which the information was disclosed.

Schools and others

(1.13) Subsection (1) does not apply in respect of the disclosure of information to any professional or other person engaged in the supervision or care of a young person, including the representative of any school board or school or any other educational or training institution, by the provincial director, a youth worker, a peace officer or any other person engaged in the provision of services to young persons where the disclosure is necessary

    (a) to ensure compliance by the young person with an authorization pursuant to section 35 or an order of any court concerning bail, probation or conditional supervision; or

    (b) to ensure the safety of staff, students or other persons, as the case may be.

No subsequent disclosure

(1.14) No person to whom information is disclosed pursuant to subsection (1.13) shall disclose that information to any other person unless the disclosure is necessary for a purpose referred to in that subsection.

Information to be kept separate

(1.15) Any person to whom information is disclosed pursuant to subsections (1.13) and (1.14) shall

    (a) keep the information separate from any other record of the young person to whom the information relates;

    (b) subject to subsection (1.14), ensure that no other person has access to the information; and

    (c) destroy the information when the information is no longer required for the purpose for which it was disclosed.

(2) Section 38 of the Act is amended by adding the following after subsection (1.4):

Disclosure with court order

(1.5) The youth court may, on the application of the provincial director, the Attorney General or an agent of the Attorney General or a peace officer, make an order permitting the applicant to disclose to such person or persons as are specified by the court such information about a young person as is specified if the court is satisfied that the disclosure is necessary, having regard to the following:

    (a) the young person has been found guilty of an offence involving serious personal injury;

    (b) the young person poses a risk of serious harm to persons; and

    (c) the disclosure of the information is relevant to the avoidance of that risk.

Opportunity to be heard

(1.6) Subject to subsection (1.7), before making an order under subsection (1.5), the youth court shall afford the young person, the young person's parents, the Attorney General or an agent of the Attorney General an opportunity to be heard.

Ex parte application

(1.7) An application under subsection (1.5) may be made ex parte by the Attorney General or an agent of the Attorney General where the youth court is satisfied that reasonable efforts have been made to locate the young person and that those efforts have not been successful.

Time limit

(1.8) No information may be disclosed pursuant to subsection (1.5) after the record to which the information relates ceases to be available for inspection under subsection 45(1).

(3) The portion of subsection 38(2) of the Act before paragraph (a) is replaced by the following:

Contravention

(2) Every one who contravenes subsection (1), (1.12), (1.14) or (1.15)

R.S., c. 24 (2nd Supp.), s. 31

28. Section 41 of the Act is replaced by the following:

Records in central repository

41. (1) A record of any offence that a young person has been charged with having committed may, where the offence is an offence in respect of which an adult may be subjected to any measurement, process or operation referred to in the Identification of Criminals Act, be kept in such central repository as the Commissioner of the Royal Canadian Mounted Police may, from time to time, designate for the purpose of keeping criminal history files or records on offenders or keeping records for the identification of offenders.

Police force may provide record

(2) Where a young person is charged with having committed an offence referred to in subsection (1), the police force responsible for the investigation of the offence may provide a record of the offence, including the original or a copy of any fingerprints, palmprints or photographs and any other measurement, process or operation referred to in the Identification of Criminals Act taken of, or applied in respect of, the young person by or on behalf of the police force, for inclusion in any central repository designated pursuant to subsection (1).

Police force shall provide record

(3) Where a young person is found guilty of an offence referred to in subsection (1), the police force responsible for the investigation of the offence shall provide a record of the offence, including the original or a copy of any fingerprints, palmprints or photographs and any other measurement, process or operation referred to in the Identification of Criminals Act taken of, or applied in respect of, the young person by or on behalf of the police force, for inclusion in any central repository designated pursuant to subsection (1).

29. Subsection 44(2) of the Act is replaced by the following:

Limitation

(2) No fingerprints, palmprints or photograph or any other measurement, process or operation referred to in the Identification of Criminals Act shall be taken of, or applied in respect of, a young person who is charged with having committed an offence except in the circumstances in which an adult may, under that Act, be subjected to the measurements, processes and operations referred to in that Act.

R.S., c. 24 (2nd Supp.), s. 34

30. (1) Paragraph 44.1(1)(b) of the Act is replaced by the following:

    (b) counsel acting on behalf of the young person, or any representative of that counsel;

(2) Paragraph 44.1(1)(f) of the Act is amended by striking out the word ``or'' at the end of subparagraph (i) and by adding the following after subparagraph (ii):

      (iii) for the purpose of investigating any offence that another person is suspected on reasonable grounds of having committed against the young person while the young person is, or was, serving a disposition, or

      (iv) for any other law enforcement purpose;

R.S., c. 24 (2nd Supp.), s. 35

31. (1) The portion of subsection 45(1) of the Act before paragraph (a) is replaced by the following:

Non-disclosur e

45. (1) Subject to sections 45.01, 45.1 and 45.2, records kept pursuant to sections 40 to 43 may not be made available for inspection under section 44.1 or 44.2 in the following circumstances:

R.S., c. 24 (2nd Supp.), s. 35

(2) Paragraphs 45(1)(e) and (f) of the Act are replaced by the following:

    (d.1) where the young person is found guilty of the offence and the disposition is an absolute discharge, on the expiration of one year after the young person is found guilty;

    (d.2) where the young person is found guilty of the offence and the disposition is a conditional discharge, on the expiration of three years after the young person is found guilty;

    (e) subject to paragraph (g), where the young person is found guilty of the offence and it is a summary conviction offence, on the expiration of three years after all dispositions made in respect of that offence;

    (f) subject to paragraph (g), where the young person is found guilty of the offence and it is an indictable offence, on the expiration of five years after all dispositions made in respect of that offence; and

    (g) where, before the expiration of the period referred to in paragraph (e) or (f), the young person is, as a young person, found guilty of

      (i) a subsequent summary conviction offence, on the expiration of three years after all dispositions made in respect of that offence have been completed, and

      (ii) a subsequent indictable offence, five years after all dispositions made in respect of that offence have been completed.

R.S., c. 24 (2nd Supp.), s. 35

(3) Subsection 45(2) of the Act is replaced by the following:

Destruction of record

(2) Subject to subsections (2.1) and (2.2), when the circumstances set out in subsection (1) are realized in respect of any record kept pursuant to section 41, the record shall be destroyed forthwith.

Transfer of records relating to serious offences

(2.1) Where a special records repository has been established pursuant to subsection 45.02(1), all records in the central repository referred to in subsection 41(1) that relate to a conviction for first degree murder or second degree murder within the meaning of section 231 of the Criminal Code or an offence referred to in the schedule shall, when the circumstances set out in subsection (1) are realized in respect of the records, be transferred to that special records repository.

Transfer of fingerprints

(2.2) Where a special fingerprints repository has been established pursuant to subsection 45.03(1), all fingerprints and any information necessary to identify the person to whom the fingerprints belong that are in the central repository referred to in subsection 41(1) shall, when the circumstances set out in subsection (1) are realized in respect of the records, be transferred to that special fingerprints repository.

Meaning of ``destroy''

(2.3) For the purposes of subsection (2), ``destroy'', in respect of a record, means

    (a) to shred, burn or otherwise physically destroy the record, in the case of a record other than a record in electronic form; and

    (b) to delete, write over or otherwise render the record inaccessible, in the case of a record in electronic form.

Transitional

(4) Paragraphs 45(1)(d.1) to (e) of the Act, as enacted by subsection (2), apply in respect of a record relating to a finding of guilt made before the coming into force of that subsection only if the person to whom the record relates applies, after the coming into force of that subsection, to the Royal Canadian Mounted Police to have those paragraphs apply.

32. The Act is amended by adding the following after section 45: