Bill C-10

Merged Sentences

95. Subsection 139(1) of the Act is replaced by the following:

139. (1) For the purposes of the Criminal Code, the Prisons and Reformatories Act, the International Transfer of Offenders Act and this Act, a person who is subject to two or more sentences is deemed to have been sentenced to one sentence beginning on the first day of the first of those sentences to be served and ending on the last day of the last of them to be served.

96. (1) Paragraph 140(1)(b) of the Act is replaced by the following:

(b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5) or (5.1);

(2) Section 140 of the Act is amended by adding the following after subsection (9):

(10) If they are attending a hearing as an observer,

(a) a victim may present a statement describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — and commenting on the possible release of the offender; and

(b) a person referred to in subsection 142(3) may present a statement describing the harm done to them or loss suffered by them as a result, and the continuing impact, of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code — including any safety concerns — and commenting on the possible release of the offender.

(11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in a format that the Board considers appropriate.

(12) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11).

97. Subsection 141(3) of the Act is replaced by the following:

(3) An offender may waive the right to be provided with the information or summary or to have it provided within the period referred to in subsection (1). If they waive the latter right and they receive information so late that it is not possible for them to prepare for the review, they are entitled to a postponement and a member of the Board or a person designated by name or position by the Chairperson of the Board shall, at the offender’s request, postpone the review for the period that the member or person determines. If the Board receives information so late that it is not possible for it to prepare for the review, a member of the Board or a person designated by name or position by the Chairperson of the Board may postpone the review for any reasonable period that the member or person determines.

98. (1) Subparagraph 142(1)(b)(v) of the Act is replaced by the following:

(v) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence,

(2) Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (vii), by adding “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii):

(ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one.

99. Subsection 144(1) of the Act is replaced by the following:

144. (1) The Board shall maintain a registry of the decisions rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code and its reasons for those decisions.

100. Subsection 146(1) of the Act is replaced by the following:

146. (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members — one of whom shall be designated Vice-Chairperson, Appeal Division — and a number of part-time members designated in both cases by the Governor in Council, on the recommendation of the Minister, from among the members appointed under section 103.

101. The Act is amended by adding the following after section 154:

154.1 A member of the Board is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their functions under this or any other Act of Parliament.

102. Section 157 of the Act is amended by adding the following in alphabetical order:

“statutory release” has the same meaning as in Part II.

103. (1) Paragraph 1(a) of Schedule I to the Act is replaced by the following:

(a) sections 46 and 47 (high treason);

(a.01) section 75 (piratical acts);

(2) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (a.5):

(a.6) section 83.18 (participation in activity of terrorist group);

(a.7) section 83.19 (facilitating terrorist activity);

(a.8) section 83.2 (commission of offence for terrorist group);

(a.9) section 83.21 (instructing to carry out activity for terrorist group);

(a.91) section 83.22 (instructing to carry out terrorist activity);

(3) Paragraph 1(c) of Schedule I to the Act is replaced by the following:

(c) section 87 (pointing a firearm);

(c.1) section 98 (breaking and entering to steal firearm);

(c.2) section 98.1 (robbery to steal firearm);

(4) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (g):

(g.1) section 153.1 (sexual exploitation of person with disability);

(5) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (j):

(j.1) section 163.1 (child pornography);

(6) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (m):

(m.1) section 172.1 (luring a child);

(7) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (n):

(n.1) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of 18 years);

(8) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (r):

(r.1) section 244.1 (causing bodily harm with intent — air gun or pistol);

(r.2) section 244.2 (discharging firearm — recklessness);

(r.3) section 245 (administering noxious thing);

(9) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s):

(s.01) section 247 (traps likely to cause bodily harm);

(s.02) section 248 (interfering with transportation facilities);

(10) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.1):

(s.11) subsections 249.1(3) and (4) (flight causing bodily harm or death);

(s.12) section 249.2 (causing death by criminal negligence (street racing));

(s.13) section 249.3 (causing bodily harm by criminal negligence (street racing));

(s.14) section 249.4 (dangerous operation of motor vehicle while street racing);

(11) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.3):

(s.4) section 264.1 (uttering threats);

(12) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (w):

(w.1) section 269.1 (torture);

(13) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (x):

(x.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm);

(x.2) section 270.02 (aggravated assault of peace officer);

(14) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.1):

(z.11) section 273.3 (removal of child from Canada);

(15) Paragraph 1(z.2) of Schedule I to the English version of the Act is replaced by the following:

(z.2) section 279 (kidnapping and forcible confinement);

(16) Paragraph 1(z.3) of Schedule I to the Act is replaced by the following:

(z.3) sections 343 and 344 (robbery);

(z.301) section 346 (extortion);

104. Schedule I to the Act is amended by adding the following after section 5:

5.1 If prosecuted by way of indictment, the offence of pointing a firearm, as provided for by subsection 86(1) of the Criminal Code, as it read immediately before December 1, 1998.

Transitional Provisions

105. Subsection 127(5.1) of the Corrections and Conditional Release Act, as enacted by section 81, applies only in respect of an offender who is on parole or statutory release and who receives an additional sentence for an offence under an Act of Parliament on or after the day on which this section comes into force.

106. Subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act and subparagraphs (a)(iv.1) and (vii.1) of the definition “sexual offence involving a child” in subsection 129(9) of that Act, as enacted by section 84, apply in respect of an offender who is sentenced in respect of an offence referred to in any of those subparagraphs, even if they were sentenced, committed or transferred to a penitentiary before the day on which this section comes into force.

107. Subsections 135(1.1) to (3.1), (6.2) to (6.4), (9.1) and (9.2) of the Corrections and Conditional Release Act, as enacted or amended by section 89, apply only in respect of an offender who receives an additional sentence on or after the day on which this section comes into force.

Criminal Records Act

108. The long title of the Criminal Records Act is replaced by the following:

An Act to provide for the suspension of the records of persons who have been convicted of offences and have subse- quently rehabilitated themselves

109. (1) The definition “pardon” 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:

“child” means a person who is less than 18 years of age;

“Executive Committee” means the Executive Committee of the Board referred to in subsection 151(1) of the Corrections and Conditional Release Act;

“record suspension” means a measure ordered by the Board under section 4.1;

“service offence” has the same meaning as in subsection 2(1) of the National Defence Act;

110. Section 2.1 of the Act is replaced by the following:

2.1 The Board has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension.

111. (1) Subsection 2.2(1) of the Act is replaced by the following:

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) Subsection 2.2(2) of the English version of the Act is replaced by the following:

(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.

112. The Act is amended by adding the following after section 2.2:

EFFECT OF RECORD SUSPENSION

2.3 A record suspension

(a) is evidence of the fact that

(i) the Board, after making inquiries, was satisfied that the applicant was of good conduct, and

(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 section 109, 110, 161, 259, 490.012, 490.019 or 490.02901 of the Criminal Code, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offend- ers Act.

113. The heading before section 3 of the Act is replaced by the following:

APPLICATION FOR RECORD SUSPENSION

114. Subsection 3(1) of the Act is replaced by the following:

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.

115. Sections 4 and 4.01 of the Act are replaced by the following:

4. (1) A person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:

(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

(a) an offence referred to in Schedule 1; or

(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

(a) the person was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her;

(b) the person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and

(c) the person was less than five years older than the victim.

(4) The person has the onus of satisfying the Board that the conditions referred to in subsection (3) are met.

(5) The Governor in Council may, by order, amend Schedule 1 by adding or deleting a reference to an offence.

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).

116. (1) Subsections 4.1(1) and (2) of the Act are replaced by the following:

4.1 (1) The Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that

(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.

(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.

(2) The portion of subsection 4.1(3) of the Act before paragraph (a) is replaced by the following:

(3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider

(3) Paragraph 4.1(3)(c) of the Act is replaced by the following:

(c) information relating to the applicant’s criminal history and, in the case of a service offence, to any service offence history of the applicant that is relevant to the application; and

117. (1) Subsections 4.2(1) and (2) of the Act are replaced by the following:

4.2 (1) On receipt of an application for a record suspension, the Board

(a) shall cause inquiries to be made to ascertain whether the applicant is eligible to make the application;

(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.

(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.

(2) Subsection 4.2(4) of the Act is replaced by the following:

(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.

118. The Act is amended by adding the following after section 4.3:

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.

119. Section 5 of the Act and the heading before it are repealed.

120. Subsections 6(1) and (2) of the Act are replaced by the following:

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. 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.

121. The portion of section 6.2 of the Act before paragraph (a) is replaced by the following:

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

122. (1) Subsections 6.3(1) to (3) of the Act are replaced by the following:

6.3 (1) In this section, “vulnerable person” means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent,

(a) is in a position of dependency on others; or

(b) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.

(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

(a) the position is one of trust or authority towards that child or vulnerable person; and

(b) the applicant has consented in writing to the verification.

(2) Subsection 6.3(9) of the Act is replaced by the following:

(9) The Governor in Council may, by order, amend Schedule 2 by adding or deleting a reference to an offence.

123. Section 6.4 of the Act is replaced by the following:

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.

124. Section 7 of the Act is replaced by the following:

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.

125. (1) Subsection 7.1(1) of the Act is replaced by the following:

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.

(2) Subsection 7.1(2) of the English version of the Act is replaced by the following:

(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 under subsection (1).

126. Section 7.2 of the Act is replaced by the following:

7.2 A record suspension ceases to have effect if

(a) the person to whom it relates is subsequently convicted of

(i) an offence referred to in paragraph 4(1)(a), or

(ii) any other offence under the Criminal Code, except subsection 255(1), or under 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

(b) the Board is convinced by new information that the person was not eligible for the record suspension when it was ordered.

127. The portion of section 8 of the Act before paragraph (a) is replaced by the following:

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:

128. The Act is amended by adding the following after section 9:

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.

129. (1) Paragraph 9.1(c) of the English version of the Act is replaced by the following:

(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);

(2) Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (c.1) and by adding the following after that paragraph:

(c.2) respecting the disclosure of decisions under section 9.01; and

130. The Act is amended by adding the following after section 10:

REPORT TO PARLIAMENT

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:

(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);

(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);

(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

(d) any other information required by the Minister.

(2) The Minister shall cause the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the day on which the Minister receives it.

131. Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following:

132. Subparagraphs 1(b)(i) and (ii) of Schedule 1 to the Act are replaced by the following:

(i) subsection 146(1) (sexual intercourse with a female under 14),

(ii) subsection 146(2) (sexual intercourse with a female 14 or more but under 16),

(iii) section 151 (seduction of a female 16 or more but under 18),

(iv) section 166 (parent or guardian procuring defilement), and

(v) section 167 (householder permitting defilement);

133. Item 3 of Schedule 1 to the Act is repealed.

134. Schedule 2 to the Act is replaced by the Schedule 2 set out in the schedule to this Act.

International Transfer of Offenders Act

135. Section 3 of the International Transfer of Offenders Act is replaced by the following:

3. The purpose of this Act is to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.

136. (1) Subsection 10(1) of the Act is replaced by the following:

10. (1) In determining whether to consent to the transfer of a Canadian offender, the Minister may consider the following factors:

(a) whether, in the Minister’s opinion, the offender’s return to Canada will constitute a threat to the security of Canada;

(b) whether, in the Minister’s opinion, the offender’s return to Canada will endanger public safety, including

(i) the safety of any person in Canada who is a victim, as defined in subsection 2(1) of the Corrections and Conditional Release Act, of an offence committed by the offender,

(ii) the safety of any member of the offender’s family, in the case of an offender who has been convicted of an offence against a family member, or

(iii) the safety of any child, in the case of an offender who has been convicted of a sexual offence involving a child;

(c) whether, in the Minister’s opinion, the offender is likely to continue to engage in criminal activity after the transfer;

(d) whether, in the Minister’s opinion, the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence;

(e) whether, in the Minister’s opinion, the foreign entity or its prison system presents a serious threat to the offender’s security or human rights;

(f) whether the offender has social or family ties in Canada;

(g) the offender’s health;

(h) whether the offender has refused to participate in a rehabilitation or reintegration program;

(i) whether the offender has accepted responsibility for the offence for which they have been convicted, including by acknowledging the harm done to victims and to the community;

(j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence;

(k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency; or

(l) any other factor that the Minister considers relevant.

(2) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

(2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors:

Consequential Amendments

Canadian Human Rights Act

137. Section 2 of the English version of the Canadian Human Rights Act is replaced by the following:

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, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

138. Subsection 3(1) of the English version of the Act is replaced by the following:

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, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

139. (1) The definition “conviction for which a pardon has been granted” in section 25 of the English version of the Act is repealed.

(2) The definition “état de personne graciée” in section 25 of the French version of the Act is replaced by the following:

(3) Section 25 of the English version of the Act is amended by adding the following in alphabetical order:

“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;

Contraventions Act

140. Section 63 of the French version of the Contraventions Act is replaced by the following:

Criminal Code

141. (1) The definition “réhabilitation” in subsection 490.011(1) of the French version of the Criminal Code is repealed.

(2) The definition “pardon” in subsection 490.011(1) of the English version 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.

(3) Subsection 490.011(1) of the Act is amended by adding the following in alphabetical order:

“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.

(4) Subsection 490.011(1) of the French version of the Act is amended by adding the following in alphabetical order:

142. (1) Subsection 490.015(3) of the Act is replaced by the following:

(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.

(2) Subsection 490.015(5) of the Act is replaced by the following:

(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.

143. 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 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.

144. Subsections 490.026(4) and (5) of the Act are replaced by the following:

(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.

145. Paragraph 672.35(c) of the Act is replaced by the following:

(c) the National Parole Board 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.

146. Subsection 750(4) of the Act is replaced by the following:

(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.

147. Subsection 753.2(3) of the Act is replaced by the following:

(3) An offender who is required to be supervised, a member of the National Parole Board or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.

DNA Identification Act

148. Subsection 10(8) of the DNA Identification Act is replaced by the following:

(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.

Immigration and Refugee Protection Act

149. 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 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;

150. Paragraph 53(f) of the Act is replaced by the following:

(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

Limiting Pardons for Serious Crimes Act

151. The Limiting Pardons for Serious Crimes Act is amended by adding the following after section 11:

12. The Criminal Records Act, as it read immediately before the day on which this Act comes into force, applies to a pardon that was granted or issued before that day and that has not been revoked or ceased to have effect.

13. Section 12 is deemed to have come into force on June 29, 2010.

National Defence Act

152. Paragraph 202.14(2)(h) of the National Defence Act is replaced by the following:

(h) the National Parole Board 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.

153. (1) The definition “réhabilitation” in section 227 of the French version of the Act is repealed.

(2) The definition “pardon” in section 227 of the English version 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.

(3) Section 227 of the Act is amended by adding the following in alphabetical order:

“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.

(4) Section 227 of the French version of the Act is amended by adding the following in alphabetical order:

154. (1) Subsection 227.03(3) of the Act is replaced by the following:

(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.

(2) Subsection 227.03(5) of the Act is replaced by the following:

(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.

155. Subsections 227.12(4) and (5) of the Act are replaced by the following:

(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.

Youth Criminal Justice Act

156. Paragraph 82(1)(d) of the Youth Criminal Justice Act is replaced by the following:

(d) the National Parole Board 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.

157. Subparagraph 119(1)(n)(iii) of the Act is replaced by the following:

(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,

158. Subparagraph 120(4)(c)(iii) of the Act is replaced by the following:

(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.

159. Subsection 128(5) of the Act is replaced by the following:

(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.

Terminology Changes

160. In the following provisions, “National Parole Board” is replaced by “Parole Board of Canada”:

(a) Schedule I to the Access to Information Act;

(b) in the Corrections and Conditional Release Act,

(i) subparagraph (a)(ii) of the definition “inmate” in subsection 2(1),

(ii) paragraph 4(a),

(iii) subsection 25(1),

(iv) the definition “Board” in subsection 99(1),

(v) paragraph 167(2)(a),

(vi) paragraph 177(b),

(vii) subsections 178(1) and (2),

(viii) subsections 179(1) and (3), and

(ix) section 180;

(c) in the Criminal Code,

(i) subparagraph (b)(xi) of the definition “justice system participant” in section 2,

(ii) paragraph 672.35(c),

(iii) paragraphs 746.1(2)(c) and (3)(c),

(iv) subsection 753.2(3), and

(v) subsections 761(1) and (2);

(d) in the Criminal Records Act,

(i) the definition “Board” in subsection 2(1), and

(ii) the heading before section 2.1;

(e) section 5 of the Department of Public Safety and Emergency Preparedness Act;

(f) in the Financial Administration Act,

(i) Schedule I.1,

(ii) Schedule IV, and

(iii) Part II of Schedule VI;

(g) section 28 of the International Transfer of Offenders Act;

(h) in the National Defence Act,

(i) paragraph 202.14(2)(h), and

(ii) subsection 222(2);

(i) subsection 6(9) of the Prisons and Reformatories Act;

(j) in the Privacy Act,

(i) section 24, and

(ii) the schedule, under the heading “OTHER GOVERNMENT INSTITUTIONS”;

(k) Schedule I to the Public Sector Compensation Act, under the heading “OTHER PORTIONS OF THE PUBLIC SERV- ICE”; and

(l) in the Youth Criminal Justice Act,

(i) paragraph 77(3)(b), and

(ii) paragraph 82(1)(d).

Transitional Provisions

161. Subject to section 162, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) or (b) of that Act, as it read immediately before the day on which this section comes into force, and that is committed before that day shall be dealt with and disposed of in accordance with the Criminal Records Act, as amended by this Part, as though it were an application for a record suspension.

162. An application for a pardon under the Criminal Records Act that is made on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force shall be dealt with and disposed of in accordance with the Criminal Records Act, as it read when the Board received the application, if the application is not finally disposed of on the day on which this section comes into force.

163. A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally 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.

164. The Criminal Records Act, as it read immediately before the day on which this section comes into force, applies to a pardon that was granted on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force and that has not been revoked or ceased to have effect.

165. A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

(a) 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 Canadian Human Rights Act;

(b) the definition “record suspension” in subsection 490.011(1) of the Criminal Code;

(c) subsection 10(8) of the DNA Identification Act;

(d) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act;

(e) the definition “record suspension” in section 227 of the National Defence Act; and

(f) subsection 128(5) of the Youth Criminal Justice Act.

Coming into Force

166. (1) The provisions of this Part, other than sections 108 to 146, 148 to 159 and 161 to 165, come into force on a day or days to be fixed by order of the Governor in Council.

(2) Sections 135 and 136 come into force on a day to be fixed by order of the Governor in Council.

PART 4

YOUTH CRIMINAL JUSTICE

Youth Criminal Justice Act

Amendments to the Act

167. (1) The definition “presumptive offence” in subsection 2(1) of the Youth Criminal Justice Act is repealed.

(2) The definition “serious violent offence” in subsection 2(1) of the Act is replaced by the following:

“serious violent offence” means an offence under one of the following provisions of the Criminal Code:

(a) section 231 or 235 (first degree murder or second degree murder);

(b) section 239 (attempt to commit murder);

(c) section 232, 234 or 236 (manslaughter); or

(d) section 273 (aggravated sexual assault).

(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

“serious offence” means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for five years or more.

“violent offence” means

(a) an offence committed by a young person that includes as an element the causing of bodily harm;

(b) an attempt or a threat to commit an offence referred to in paragraph (a); or

(c) an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm.

168. (1) Paragraph 3(1)(a) of the Act is replaced by the following:

(a) the youth criminal justice system is intended to protect the public by

(i) holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person,

(ii) promoting the rehabilitation and reintegration of young persons who have committed offences, and

(iii) supporting the prevention of crime by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour;

(2) The portion of paragraph 3(1)(b) of the Act before subparagraph (i) is replaced by the following:

(b) the criminal justice system for young persons must be separate from that of adults, must be based on the principle of diminished moral blameworthiness or culpability and must emphasize the following:

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

(2) A youth justice court judge or a justice may order that a young person be detained in custody only if

(a) the young person has been charged with

(i) a serious offence, or

(ii) an offence other than a serious offence, if they have a history that indicates a pattern of either outstanding charges or findings of guilt;

(b) the judge or justice is satisfied, on a balance of probabilities,

(i) that there is a substantial likelihood that, before being dealt with according to law, the young person will not appear in court when required by law to do so,

(ii) that detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, having regard to all the circumstances, including a substantial likelihood that the young person will, if released from custody, commit a serious offence, or

(iii) in the case where the young person has been charged with a serious offence and detention is not justified under subparagraph (i) or (ii), that there are exceptional circumstances that warrant detention and that detention is necessary to maintain confidence in the administration of justice, having regard to the principles set out in section 3 and to all the circumstances, including

(A) the apparent strength of the prosecution’s case,

(B) the gravity of the offence,

(C) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

(D) the fact that the young person is liable, on being found guilty, for a potentially lengthy custodial sentence; and

(c) the judge or justice is satisfied, on a balance of probabilities, that no condition or combination of conditions of release would, depending on the justification on which the judge or justice relies under paragraph (b),

(i) reduce, to a level below substantial, the likelihood that the young person would not appear in court when required by law to do so,

(ii) offer adequate protection to the public from the risk that the young person might otherwise present, or

(iii) maintain confidence in the administration of justice.

(3) The onus of satisfying the youth justice court judge or the justice as to the matters referred to in subsection (2) is on the Attorney General.

170. Subsection 32(1) of the Act is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

171. Subsection 37(4) of the Act is replaced by the following:

(4) An order under subsection 72(1) or (1.1) (adult or youth sentence), 75(2) (lifting of ban on publication) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding.

172. Subsection 38(2) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

(f) subject to paragraph (c), the sentence may have the following objectives:

(i) to denounce unlawful conduct, and

(ii) to deter the young person from committing offences.

173. Paragraph 39(1)(c) of the Act is replaced by the following:

(c) the young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than two years and has a history that indicates a pattern of either extrajudicial sanctions or of findings of guilt or of both under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985; or

174. (1) Paragraph 42(2)(o) of the Act is replaced by the following:

(o) in the case of an offence set out in section 239 (attempt to commit murder), 232, 234 or 236 (manslaughter) or 273 (aggravated sexual assault) of the Criminal Code, make a custody and supervision order in respect of the young person for a specified period not exceeding three years from the date of committal that orders the young person to be committed into a continuous period of custody for the first portion of the sentence and, subject to subsection 104(1) (continuation of custody), to serve the remainder of the sentence under conditional supervision in the community in accordance with section 105;

(2) Paragraph 42(5)(a) of the Act is replaced by the following:

(a) the young person is found guilty of an offence other than one in the commission of which a young person causes or attempts to cause serious bodily harm; and

(3) Subparagraphs 42(7)(a)(i) and (ii) of the Act are replaced by the following:

(i) the young person has been found guilty of a serious violent offence, or

(ii) the young person has been found guilty of an offence, in the commission of which the young person caused or attempted to cause serious bodily harm and for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of such an offence;

(4) Subsections 42(9) and (10) of the Act are repealed.

175. Sections 61 to 63 of the Act are repealed.

176. (1) Subsections 64(1) and (2) of the Act are replaced by the following:

64. (1) The Attorney General may, before evidence is called as to sentence or, if no evidence is called, before submissions are made as to sentence, make an application to the youth justice court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than two years and that was committed after the young person attained the age of 14 years.

(1.1) The Attorney General must consider whether it would be appropriate to make an application under subsection (1) if the offence is a serious violent offence and was committed after the young person attained the age of 14 years. If, in those circumstances, the Attorney General decides not to make an application, the Attorney General shall advise the youth justice court before the young person enters a plea or with leave of the court before the commencement of the trial.

(1.2) The lieutenant governor in council of a province may by order fix an age greater than 14 years but not greater than 16 years for the purpose of subsection (1.1).

(2) If the Attorney General intends to seek an adult sentence for an offence by making an application under subsection (1), the Attorney General shall, before the young person enters a plea or with leave of the youth justice court before the commencement of the trial, give notice to the young person and the youth justice court of the intention to seek an adult sentence.

(2) Subsections 64(4) and (5) of the Act are repealed.

177. Sections 65 and 66 of the Act are repealed.

178. (1) The portion of subsection 67(1) of the Act before paragraph (b) is replaced by the following:

67. (1) The youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (2) if

(2) The portion of subsection 67(3) of the Act before paragraph (b) is replaced by the following:

(3) In respect of proceedings in Nunavut, the youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (4) if

179. Section 68 of the Act is repealed.

180. (1) Subsection 69(1) of the Act is repealed.

(2) Subsection 69(2) of the Act is replaced by the following:

(2) If the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence and the young person is found guilty of an included offence for which an adult is liable to imprisonment for a term of more than two years, committed after he or she has attained the age of 14 years, the Attorney General may make an application under subsection 64(1) (application for adult sentence).

181. Section 70 of the Act is repealed.

182. Section 71 of the Act is replaced by the following:

71. The youth justice court shall, at the commencement of the sentencing hearing, hold a hearing in respect of an application under subsection 64(1) (application for adult sentence), unless the court has received notice that the application is not opposed. Both parties and the parents of the young person shall be given an opportunity to be heard at the hearing.

183. (1) Subsections 72(1) to (3) of the Act are replaced by the following:

72. (1) The youth justice court shall order that an adult sentence be imposed if it is satisfied that

(a) the presumption of diminished moral blameworthiness or culpability of the young person is rebutted; and

(b) a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not be of sufficient length to hold the young person accountable for his or her offending behaviour.

(1.1) If the youth justice court is not satisfied that an order should be made under subsection (1), it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed.

(2) The onus of satisfying the youth justice court as to the matters referred to in subsection (1) is on the Attorney General.

(3) In making an order under subsection (1) or (1.1), the youth justice court shall consider the pre-sentence report.

(2) Subsection 72(5) of the Act is replaced by the following:

(5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) or (1.1) is part of the sentence.

184. Section 73 of the Act is replaced by the following:

73. (1) When the youth justice court makes an order under subsection 72(1) in respect of a young person, the court shall, on a finding of guilt, impose an adult sentence on the young person.

(2) When the youth justice court makes an order under subsection 72(1.1) in respect of a young person, the court shall, on a finding of guilt, impose a youth sentence on the young person.

185. Section 75 of the Act is replaced by the following:

75. (1) When the youth justice court imposes a youth sentence on a young person who has been found guilty of a violent offence, the court shall decide whether it is appropriate to make an order lifting the ban on publication of information that would identify the young person as having been dealt with under this Act as referred to in subsection 110(1).

(2) A youth justice court may order a lifting of the ban on publication if the court determines, taking into account the purpose and principles set out in sections 3 and 38, that the young person poses a significant risk of committing another violent offence and the lifting of the ban is necessary to protect the public against that risk.

(3) The onus of satisfying the youth justice court as to the appropriateness of lifting the ban is on the Attorney General.

(4) For the purposes of an appeal in accordance with section 37, an order under subsection (2) is part of the sentence.

186. Subsection 76(2) of the Act is replaced by the following:

(2) No young person who is under the age of 18 years is to serve any portion of the imprisonment in a provincial correctional facility for adults or a penitentiary.

187. Section 81 of the Act is replaced by the following:

81. An application or a notice to the court under section 64 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party.

188. (1) Paragraph 82(1)(b) of the Act is replaced by the following:

(b) a youth justice court may consider the finding of guilt in considering an application under subsection 64(1) (application for adult sentence);

(2) Paragraph 82(4)(a) of the Act is repealed.

(3) Paragraph 82(4)(b) of the French version of the Act is replaced by the following:

189. Paragraph 110(2)(b) of the Act is replaced by the following:

(b) in a case where the information relates to a young person who has received a youth sentence for a violent offence and the youth justice court has ordered a lifting of the publication ban under subsection 75(2); and

190. Section 115 of the Act is amended by adding the following after subsection (1):

(1.1) The police force shall keep a record of any extrajudicial measures that they use to deal with young persons.

191. Paragraph 119(1)(o) of the French version of the Act is replaced by the following:

192. Paragraphs 120(3)(a) and (b) of the Act are replaced by the following:

(a) if the offence is an indictable offence, other than an offence referred to in paragraph (b), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and ending five years later; and

(b) if the offence is a serious violent offence for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and continuing indefinitely.

193. Section 160 of the Act is repealed.

194. Section 162 of the Act is replaced by the following:

162. For the purposes of sections 158 and 159, proceedings are commenced by the laying of an information or indictment.

Transitional Provision

195. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before that coming into force shall be dealt with under the Youth Criminal Justice Act as amended by this Part as if the offence occurred after that coming into force, except that

(a) the definition “violent offence” in subsection 2(1) of the Youth Criminal Justice Act, as enacted by subsection 167(3), does not apply in respect of the offence;

(b) paragraph 3(1)(a) of that Act, as enacted by subsection 168(1), does not apply in respect of the offence;

(c) paragraph 38(2)(f) of that Act, as enacted by section 172, does not apply in respect of the offence;

(d) paragraph 39(1)(c) of that Act, as enacted by section 173, does not apply in respect of the offence; and

(e) section 75 of that Act, as enacted by section 185, does not apply in respect of the offence.

Related Amendments

Corrections and Conditional Release Act

196. The definition “sentence” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“sentence” means a sentence of imprisonment and includes

(a) a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act, and

(b) a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act;

197. Paragraphs 99(2)(a) and (b) of the Act are replaced by the following:

(a) any period during which the offender could be entitled to statutory release;

(b) in the case of a youth sentence imposed under the Youth Criminal Justice Act, the portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; or

(c) any remission that stands to the credit of the offender on November 1, 1992.

Prisons and Reformatories Act

198. The definition “sentence” in subsection 2(1) of the Prisons and Reformatories Act is replaced by the following:

“sentence” includes a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act.

199. (1) Subsection 6(1) of the Act is replaced by the following:

6. (1) Subject to subsection (7.2), every prisoner serving a sentence, other than a sentence on conviction for criminal or civil contempt of court where the sentence includes a requirement that the prisoner return to that court, shall be credited with 15 days of remission of the sentence in respect of each month and with a number of days calculated on a pro rata basis in respect of each incomplete month during which the prisoner has earned that remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote prisoners’ rehabilitation and reintegration as determined in accordance with any regulations made by the lieutenant governor of the province in which the prisoner is imprisoned.

(2) Subsections 6(7.1) and (7.2) of the Act are replaced by the following:

(7.1) When a prisoner is transferred from a youth custody facility to a prison as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.

(7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the date on which the custody portion of his or her youth sentence under paragraph 42(2)(n), (o), (q) or (r) of that Act expires.

(3) The portion of subsection 6(7.3) of the Act before paragraph (a) is replaced by the following:

(7.3) When a prisoner is committed or transferred in accordance with section 89, 92 or 93 of the Youth Criminal Justice Act and, in accordance with subsection (7.2), is entitled to be released,

Consequential Amendments

Criminal Code

200. Paragraph 667(1)(a) of the Criminal Code is replaced by the following:

(a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act or the conviction and sentence or finding of guilt and sentence in Canada of an offender is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, without proof of the signature or the official character of the person appearing to have signed the certificate, if it is signed by

(i) the person who made the conviction, order for the discharge or finding of guilt,

(ii) the clerk of the court in which the conviction, order for the discharge or finding of guilt was made, or

(iii) a fingerprint examiner;

201. Paragraph 746.1(2)(b) of the French version of the Act is replaced by the following:

DNA Identification Act

202. Subsection 9.1(2) of the DNA Identification Act is replaced by the following:

(2) Section 9 nevertheless applies to information in the convicted offenders index in relation to

(a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or

(b) a record to which subsection 120(6) of that Act applies.

203. Subsection 10.1(2) of the Act is replaced by the following:

(2) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate to

(a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or

(b) a record to which subsection 120(6) of that Act applies.

Coming into Force

204. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.

PART 5

IMMIGRATION AND REFUGEE PROTECTION ACT

Amendments to the Act

205. Paragraph 3(1)(h) of the Immigration and Refugee Protection Act is replaced by the following:

(h) to protect public health and safety and to maintain the security of Canadian society;

206. Section 30 of the Act is amended by adding the following after subsection (1):

(1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.

(1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.

(1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.

(1.4) The instructions shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

(1.5) The instructions shall be published in the Canada Gazette.

(1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada, including those that were filed before that day and for which a final decision has not been made.

(1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.

207. Subsection 94(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after that paragraph:

(e.1) any instructions given under subsection 30(1.2) during the year in question and the date of their publication; and

Coming into Force

208. This Part comes into force on a day to be fixed by order of the Governor in Council.