Bill C-69
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1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
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The House of Commons of Canada
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BILL C-69 |
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An Act to amend the Criminal Records Act
and to amend another Act in consequence
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| R.S., c. C-47;
R.S., c. 1 (4th
Supp.); 1992,
c. 22; 1995,
cc. 22, 39, 42;
1997, c. 17;
1998, c. 37
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CRIMINAL RECORDS ACT |
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| 1992, c. 22,
s. 4(1)
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1. The portion of section 4 of the French
version of the Criminal Records Act before
paragraph (a) is replaced by the following:
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| Admissibilité
à la
réhabilitation
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4. La période consécutive à l'expiration
légale de la peine, notamment une peine
d'emprisonnement, une période de probation
ou le paiement d'une amende, pendant
laquelle la demande de réhabilitation ne peut
être examinée est de :
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| 1992, c. 22,
s. 4(1)
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2. Subsections 4.2(2) and (3) of the Act are
replaced by the following:
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| Opportunity
to make
representa- tions
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(2) If the Board proposes to refuse to grant
a pardon, it shall notify the applicant of its
proposal in writing 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, if the Board so authorizes, orally at
a hearing held for that purpose.
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| Board to
consider
representa- tions
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(3) The Board shall, before making its
decision, consider any representations made
to it within a reasonable time after the
notification is given to the applicant pursuant
to subsection (2).
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| Waiting
period
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(4) An applicant whose application is
refused may not apply for a pardon until the
expiration of one year after the date of the
refusal.
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3. The heading before section 5 of the Act
is replaced by the following:
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EFFECT OF PARDON |
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| 1995, c. 39,
par. 191(b)
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4. Paragraph 5(b) of the Act is replaced
by the following:
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5. Subsections 6(1) and (2) of the English
version of the Act are replaced by the
following:
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| Order
respecting
custody of
records
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6. (1) The Minister may, by order in writing
addressed to any person having the custody or
control of any judicial record of a conviction
in respect of which a pardon has been granted
or issued, require that person to deliver that
record into the custody of the Commissioner.
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| Records to be
kept separate
and not to be
disclosed
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(2) Any record of a conviction in respect of
which a pardon has been granted or issued 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, and no such record
shall be disclosed to any person, nor shall the
existence of the record or the fact of the
conviction be disclosed to any person, without
the prior approval of the Minister.
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6. The Act is amended by adding the
following after section 6.2:
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| Notation of
records
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6.3 (1) 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 the regulations in respect of which a pardon
has been granted or issued.
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| Verification
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(2) At the request of any person or
organization responsible for the well-being of
one or more children or vulnerable persons
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 (1) if
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| Unauthorized
use
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(3) Except as authorized by subsection (2),
no person shall verify whether a person is the
subject of a notation made in accordance with
subsection (1).
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| Request to
forward
record to
Minister
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(4) A police force or other authorized body
that identifies an applicant for a position
referred to in paragraph (2)(a) as being a
person who is the subject of a notation made
in accordance with subsection (1) 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.
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| Disclosure by
Minister
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(5) The Minister may disclose to the police
force or other authorized body all or part of the
information contained in a record transmitted
by the Commissioner pursuant to subsection
(4).
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| Disclosure to
person or
organization
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(6) A police force or other authorized body
shall disclose the information referred to in
subsection (5) to the person or organization
that requested a verification if the applicant
for a position has consented in writing to the
disclosure.
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| Use of
information
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(7) 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.
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| Operation of
section 6.3
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6.4 Section 6.3 applies in respect of a record
of a conviction for any offence in respect of
which a pardon has been granted or issued
regardless of the date of the conviction or the
date of the pardon.
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| 1992, c. 22,
s. 7
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7. Sections 7.1 and 7.2 of the Act are
replaced by the following:
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| Opportunity
to make
representa- tions
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7.1 (1) If the Board proposes to revoke a
pardon, it shall notify the person to whom the
pardon was granted or issued of its proposal in
writing 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,
if the Board so authorizes, orally at a hearing
held for that purpose.
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| Board to
consider
representa- tions
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(2) The Board shall, before making its
decision, consider any representations made
to it within a reasonable time after the
notification is given to a person pursuant to
subsection (1).
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| Cessation of
effect of
pardon
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7.2 A pardon granted or issued to a person
ceases to have effect if
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| 1992, c. 22,
s. 9
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8. Section 9.1 of the Act is replaced by the
following:
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| Regulations
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9.1 The Governor in Council may make
regulations
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CONSEQUENTIAL AMENDMENT |
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| R.S., c. C-46
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Criminal Code |
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| 1995, c. 22,
s. 6
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9. Subsection 750(4) of the Criminal Code
is replaced by the following:
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| Application
for restoration
of privileges
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(4) A person to whom subsection (3) applies
may, at any time before a pardon is granted or
issued to the person under section 4.1 of 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.
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COMING INTO FORCE |
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| Coming into
force
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10. This Act or any of its provisions comes
into force on a day or days to be fixed by
order of the Governor in Council.
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