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Bill S-208

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Second Session, Forty-third Parliament,

69 Elizabeth II, 2020

SENATE OF CANADA

BILL S-208
An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation
FIRST READING, September 30, 2020

THE HONOURABLE SENATOR Pate
4321713


SUMMARY

This enactment amends the Criminal Records Act to provide for the expiry of criminal records.

It also makes consequential amendments to other Acts and repeals a regulation.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


TABLE OF PROVISIONS

An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation
Criminal Records Act
1 

Amendments

Transitional Provisions
25 

Record suspensions — general

26 

Pending applications for record suspensions

Consequential Amendments
27 

Criminal Code

34 

Canadian Human Rights Act

37 

National Defence Act

41 

Income Tax Act

42 

DNA Identification Act

43 

Immigration and Refugee Protection Act

45 

Youth Criminal Justice Act

49 

Pardon Services Fees Order



2nd Session, 43rd Parliament,

69 Elizabeth II, 2020

SENATE OF CANADA

BILL S-208

An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.‍S.‍, c. C-47

Criminal Records Act

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

An Act to provide for the Insertion start expiry Insertion end of the records of persons who have been convicted of offences

2 (1) The definitions possession and record suspension in subsection 2(1) of the Act are repealed.

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

Start of inserted block

casier Casier judiciaire. (French version only)

End of inserted block

3 Sections 2.‍1 to 2.‍3 of the Act are replaced by the following:

Jurisdiction of the Board

2.‍1 (1) The Board has exclusive jurisdiction and absolute discretion to Insertion start make an Insertion end order Insertion start for Insertion end a record Insertion start expiry under section 4.‍1 or to refuse to make such an order. The Board, in so doing, shall act in accordance with this Act. Insertion end

Employees of Board

(2)  The powers, duties and functions of the Board related to an application referred to in Insertion start section 4.‍1 Insertion end shall be exercised by employees of the Board or any class of its employees.

Effect of Record Insertion start Expiry Insertion end

Effect of record expiry

2.‍2 A record Insertion start expiry Insertion end

  • Insertion start (a) Insertion end  is evidence of the fact that the conviction Insertion start for an offence Insertion end in respect of which Insertion start a Insertion end record Insertion start expiry has occurred Insertion end should no longer reflect adversely on the character Insertion start of the person who was convicted of the offence; Insertion end and

  • Insertion start (b) Insertion end  requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation Insertion start that exists Insertion end , by reason of the conviction, under any Act of Parliament.

4 Subsection 3(1) of the Act and the heading before it are replaced by the following:

Record Insertion start Expiry — General Insertion end

Record expiry — general

3 (1) Subject to Insertion start sections 4.‍1 to 4.‍4, the expiry of the Insertion end record in respect of Insertion start an Insertion end offence Insertion start for Insertion end which Insertion start any of the following persons have been Insertion end found guilty Insertion start occurs at the end of the applicable period referred to in Insertion end section 4 Insertion start : Insertion end

  • Insertion start (a) Insertion end  a person who has been convicted of an offence under an Act of Parliament Insertion start ; and Insertion end

  • Insertion start (b) Insertion end  a Canadian offender, within the meaning of the International Transfer of Offenders Act, who has been transferred to Canada under that Act.

5 Section 4 of the Act is replaced by the following:

Waiting period

4 (1)  Insertion start The expiry of the Insertion end record Insertion start of Insertion end a person Insertion start referred to in subsection 3(1) who was an adult at the time that he or she committed the offence referred to in that subsection occurs after Insertion end the following period has elapsed after the expiration according to law of any sentence Insertion start — Insertion end including a sentence of imprisonment, a period of probation and the payment of any fine Insertion start — Insertion end imposed for Insertion start the Insertion end offence:

  • (a)  Insertion start five Insertion end years, in the case of an offence that is prosecuted by indictment or is a service offence for which the Insertion start person Insertion end was punished by a fine of more than Insertion start $5,000 Insertion end , 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)  Insertion start two Insertion end 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).

No waiting period — children

Start of inserted block

(2) If the person referred to in subsection 3(1) was a child at the time when he or she committed the offence, the expiry of his or her record occurs 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 the offence.

End of inserted block

6 The Act is amended by adding the following after section 4.‍01:

Expiration of sentence

Start of inserted block

4.‍02 For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account

  • (a) any period during which the person on whom that sentence was imposed could be entitled to statutory release or any period following a statutory release date; or

  • (b) any remission that stands to the credit of that person in respect of the offence.

    End of inserted block

7 Section 4.‍1 of the Act is replaced by the following:

Record expiry order after review — general rule

Start of inserted block

4.‍1 (1) If the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police reveals that, during the applicable period referred to in section 4, the person was convicted of an offence or that, at the end of that period, there were outstanding charges against the person or the person was under an investigation for an offence, the expiry of that person’s record shall not occur until the date on which the Board orders its expiry in accordance with this section.

End of inserted block

Notification

Start of inserted block

(2) The Board shall, within 30 days after the day on which the period referred to in subsection 4(1) ends, notify the person referred to in subsection (1) that the expiry of his or her record has not occurred for the reasons set out in subsection (1) and that he or she may apply to the Board for an order for the expiry of the record.

End of inserted block

Order

(3) The Board Insertion start shall, on application, Insertion end order Insertion start the expiry of the Insertion end applicant’s record if Insertion start it Insertion end is satisfied that the record Insertion start expiry Insertion end would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

Onus

Insertion start (4) Insertion end  The applicant has the onus of satisfying the Board that the record Insertion start expiry Insertion end would sustain his or her rehabilitation in society as a law-abiding citizen.

Factors

Insertion start (5) Insertion end  In determining whether Insertion start an order under subsection (3) Insertion end would bring the administration of justice into disrepute, the Board may consider

  • (a) the nature, gravity and duration of the offence;

  • (b) the circumstances surrounding the commission of the offence;

  • (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 Insertion start Board’s determination Insertion end ; and

  • (d) any factor that is prescribed by regulation.

8 (1) Subsections 4.‍2(1) to (2) of the Act are replaced by the following:

Inquiries

4.‍2 (1)  Insertion start For the purpose of determining whether to order the expiry of Insertion end a record Insertion start under section 4.‍1 Insertion end , the Board may cause inquiries to be made with respect to any factors that it Insertion start considers necessary to determine Insertion end whether ordering the record Insertion start expiry Insertion end would bring the administration of justice into disrepute.

Entitlement to make representations

(2) If the Board proposes to refuse to order a record Insertion start expiry under section 4.‍1 Insertion end , 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 Insertion start are Insertion end relevant either in writing or orally at a hearing held for that purpose.

(2) Subsection 4.‍2(4) of the Act is repealed.

9 Sections 4.‍3 and 4.‍4 of the Act are replaced by the following:

Reapplication for a record expiry under section 4.‍1

Start of inserted block

4.‍3 A person whose application for a record expiry under section 4.‍1 is refused may reapply if one year has elapsed since they made the previous application.

End of inserted block

Record expiry — other circumstances

Start of inserted block

4.‍4 Despite section 4.‍1, a record expiry that did not occur at the end of the applicable period referred to in section 4 for any of the reasons set out in subsection 4.‍1(1) occurs,

  • (a) in the case of a record expiry that did not occur because the records retrieval system referred to in subsection 4.‍1(1) revealed that the person was convicted of another offence during that period, immediately after a record expiry has occurred in respect of that other offence;

  • (b) in the case of a record expiry that did not occur because the records retrieval system referred to in subsection 4.‍1(1) revealed that, at the end of the applicable period referred to in section 4, there were outstanding charges against that person or that person was under investigation, immediately after those charges are dropped, the person is acquitted of those charges or the investigation is concluded without charges being brought against the person, as the case may be; or

  • (c) in the case of a record to which more than one of the reasons set out in subsection 4.‍1(1) applied, on the later of the events that trigger an expiry referred to in paragraphs (a) and (b).

    End of inserted block

Functions of Executive Committee

Insertion start 4.‍5 Insertion end  The Executive Committee shall, after Insertion start any Insertion end consultation with Board members that it considers appropriate, adopt Insertion start operational Insertion end policies relating to applications for Insertion start a Insertion end record Insertion start expiry following a review under section 4.‍1 Insertion end , including related inquiries and proceedings.

10 Subsections 6(1) to (3) of the Act are replaced by the following:

Records to be delivered to Commissioner

6 (1) The Minister may, by order in writing addressed to a person having the custody or control of a judicial record of a conviction in respect of which a record Insertion start expiry has occurred Insertion end , require that person to deliver that record into the Commissioner’s custody.

Records to be kept separate

(2) A record of a conviction in respect of which Insertion start an expiry has occurred and Insertion end that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records.

11 Subsection 6.‍1(2) of the Act is replaced by the following:

Record expiry

Start of inserted block

(2) Subject to subsection (3), no record of a conviction for an offence in respect of which an expiry has occurred and that is in the custody of the Commissioner or any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record be disclosed to any person, without the prior approval of the Minister.

End of inserted block

Limited disclosure

Start of inserted block

(3) The prior approval of the Minister is not required for the purposes of sections 734.‍5 and 734.‍6 of the Criminal Code or section 145.‍1 of the National Defence Act in respect of the non-payment of a fine or victim surcharge that has been imposed for an offence.

End of inserted block

Decriminalized offence

Start of inserted block

(4) No record of a conviction for an offence that no longer constitutes an offence after a person was convicted of that offence and that is in the custody of the Commissioner or any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record be disclosed to any person, without the prior approval of the Minister.

End of inserted block

Approval for Disclosure

Start of inserted block

(5) The Minister shall, before granting approval for a disclosure referred to in subsections (2) and (4), satisfy himself or herself that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.

End of inserted block

Record not to be disclosed unless in CPIC

Start of inserted block

(6) No record of a conviction for an offence in respect of which an expiry has not occurred shall be disclosed to any person, nor shall the existence of the record be disclosed to any person, unless the record is included on the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police.

End of inserted block

Purging CPIC — discharges and offences referred to in subsection (4)

Insertion start (7) Insertion end  The Commissioner shall remove all references to a discharge under section 730 of the Criminal Code Insertion start or to a record of a conviction for an offence referred to in subsection (4) Insertion end from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police

  • Insertion start (a) Insertion end  on the expiration of the relevant period referred to in subsection (1) Insertion start in the case of the record of a discharge; or Insertion end

  • Start of inserted block

    (b) without delay after the offence no longer constitutes an offence.

    End of inserted block

Purging CPIC — offences in respect of which a record expired

Start of inserted block

(8) The Commissioner shall remove from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police all references to an offence if a record expiry has occurred in respect of that offence. The Commissioner shall remove those references without delay after the record expiry has occurred.

End of inserted block

Definition

Start of inserted block

(9) For the purposes of subsections (4) and (7), offence that no longer constitutes an offence means an offence in respect of an activity that no longer constitutes an offence under an Act of Parliament or an offence provided for in a provision that has been found unconstitutional by a court of appeal when that court’s decision is final or has been confirmed by a higher court.

End of inserted block

12 The portion of section 6.‍2 of the Act before paragraph (a) is replaced by the following:

Disclosure to police forces

6.‍2 Despite sections 6 and 6.‍1, the name, date of birth and last known address of a person Insertion start in respect of whom a Insertion end record Insertion start expiry has occurred Insertion end 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

13 (1) Subsection 6.‍3(2) of the Act is replaced by the following:

Notation of records

(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 Insertion start against a vulnerable person Insertion end in respect of which a record Insertion start expiry Insertion end has Insertion start occurred Insertion end .

(2) Subsection 6.‍3(9) of the Act is repealed.

14 Section 6.‍4 of the Act is replaced by the following:

Operation of section 6.‍3

6.‍4 Section 6.‍3 applies in respect of a record of a conviction for any offence in respect of which a record has Insertion start expired, Insertion end regardless of the date of the conviction.

15 The heading before section 7 of the Act and sections 7 to 7.‍2 of the Act are repealed.

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

Applications for employment

8 No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a record Insertion start expiry has occurred Insertion end :

17 Section 9 of the Act is replaced by the following:

Saving of other pardons

9 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy or the provisions of the Criminal Code relating to pardons, except that Insertion start section Insertion end 6 Insertion start , subsections 6.‍1(2), (3), (5) and (8) Insertion end and Insertion start section Insertion end 8 apply in respect of any pardon granted pursuant to the royal prerogative of mercy or those provisions.

18 Section 9.‍01 of the Act is replaced by the following:

Disclosure of decisions

9.‍01 The Board may disclose decisions that order or refuse to order Insertion start a Insertion end record Insertion start expiry under section 4.‍1 Insertion end . However, it may not disclose information that could reasonably be expected to identify an individual unless the individual authorizes the disclosure in writing.

19 Paragraph 9.‍1(c.‍1) of the Act is replaced by the following:

  • (c.‍1)  Insertion start prescribing the manner in which a person can make an application for the purposes of subsection 4.‍1(2) Insertion end ;

  • Insertion start (c.‍01) Insertion end  prescribing factors for the purposes of paragraph Insertion start 4.‍1(5)‍(d) Insertion end ;

20 The Act is amended by adding the following after section 9.‍1:

Applications free of fee or charge

Start of inserted block

9.‍2 No fee or charge may be imposed on any person referred to in subsection 3(1) for an application made under section 4.‍1.

End of inserted block

21 Paragraphs 11(1)‍(a) to (c) of the Act are replaced by the following:

  • (a) the number of applications for Insertion start a Insertion end record Insertion start expiry following a review under section 4.‍1 Insertion end made in respect of the offences referred to in each of paragraphs 4(1)‍(a) and (b);

  • (b) the number of record Insertion start expiries following a review under section 4.‍1 Insertion end that the Board ordered in respect of the offences referred to in each of paragraphs 4(1)‍(a) and (b);

  • (c) the number of record Insertion start expiries following a review under section 4.‍1 Insertion end ordered, categorized by the offence to which they relate and, if applicable, the province of residence of the applicant; and

22 Schedule 1 to the Act is repealed.

23 Schedule 2 to the Act is repealed

24 Schedule 3 to the Act is repealed.

Transitional Provisions

Record suspensions — general

25 A record expiry is deemed to have occurred in accordance with the Criminal Records Act, as amended by this Act, in respect of all criminal records for which a suspension was granted under the Criminal Records Act as it read immediately before the day on which this Act comes into force.

Pending applications for record suspensions

26 Any application for a record suspension that was made under the Criminal Records Act before the day on which this Act comes into force and that was not finally disposed of on that day shall be dealt with and disposed of in accordance with the following provisions:

  • (a) sections 4 to 4.‍02 of the Criminal Records Act, as enacted by this Act, if

    • (i) the applicant was not convicted of any subsequent offence after the day on which he or she was convicted of the offence for which he or she sought a record suspension, and

    • (ii) on the day on which this Act comes into force, the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police does not reveal that there are outstanding charges against the applicant or that he or she is under investigation; or

  • (b) sections 4.‍1 to 4.‍4 of the Criminal Records Act, as enacted by this Act, if

    • (i) the applicant was convicted of any subsequent offence after he or she was convicted of the offence for which he or she sought a record suspension, or

    • (ii) on the day on which this Act comes into force, the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police reveals that there are outstanding charges against the applicant or that he or she is under investigation for an offence.

Consequential Amendments

R.‍S.‍, c. C-46

Criminal Code

27 (1) The definition record suspension in subsection 490.‍011(1) of the Criminal Code is repealed.

(2) Subsection 490.‍011(1) of the Act is amended by adding the following in alphabetical order:

Start of inserted block

record expiry means a record expiry under the Criminal Records Act. (expiration du casier)

End of inserted block

28 (1) Subsection 490.‍015(3) of the Act is replaced by the following:

Pardon or record expiry

(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record Insertion start expiry has occurred Insertion end .

(2) Subsection 490.‍015(5) of the Act is replaced by the following:

Reapplication

(5) A person whose application is refused may Insertion start reapply Insertion end if five years have elapsed since they made the previous application. They may also Insertion start reapply Insertion end once they receive a pardon or once a record Insertion start expiry has occurred Insertion end . However, they may not Insertion start reapply Insertion end 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.

29 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 a record Insertion start expiry Insertion end to a person who collects information, as defined in subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.

30 Subsections 490.‍026(4) and (5) of the Act are replaced by the following:

Pardon or record expiry

(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record Insertion start expiry has occurred Insertion end .

Reapplication

(5) A person whose application is refused may Insertion start reapply Insertion end if five years have elapsed since they made the previous application. They may also Insertion start reapply Insertion end once they receive a pardon or once a record Insertion start expiry has occurred Insertion end . However, they may not Insertion start reapply Insertion end 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.

31 Paragraph 638(1)‍(c) of the Act is replaced by the following:

  • (c) a juror has been convicted of an offence for which they were sentenced to a term of imprisonment of two years or more and for which no pardon or record Insertion start expiry has occurred Insertion end ;

32 Paragraph 672.‍35(c) of the Act is replaced by the following:

  • (c) the Parole Board of Canada or any provincial parole board may take the verdict into account in considering an application by the accused for parole or Insertion start any application Insertion end under the Criminal Records Act in respect of any other offence.

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

Application for restoration of privileges

(4) A person to whom subsection (3) applies may, at any time before a record Insertion start expiry occurs Insertion end under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.

R.‍S.‍, c. H-6

Canadian Human Rights Act

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

Purpose

2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record Insertion start expiry Insertion end has Insertion start occurred Insertion end .

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

Prohibited grounds of discrimination

3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record Insertion start expiry Insertion end has Insertion start occurred Insertion end .

36 The definition conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered in section 25 of the Act is replaced by the following:

conviction for an offence for which a pardon has been granted or in respect of which a record Insertion start expiry Insertion end has Insertion start occurred Insertion end means a conviction of an individual for an offence in respect of which

  • Insertion start (a) Insertion end  a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code Insertion start ; Insertion end or

  • Insertion start (b) Insertion end  a record Insertion start expiry Insertion end has Insertion start occurred Insertion end under the Criminal Records Act; (état de personne graciée)

R.‍S.‍, c. N-5

National Defence Act

37 Paragraph 202.‍14(2)‍(h) of the National Defence Act is replaced by the following:

  • (h) the Parole Board of Canada or any provincial parole board may take the finding into account in considering an application by that person for parole or Insertion start any application Insertion end under the Criminal Records Act in respect of any other offence.

38 (1) The definition record suspension in section 227 of the Act is repealed.

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

Start of inserted block

record expiry means a record expiry under the Criminal Records Act. (expiration du casier)

End of inserted block

39 (1) Subsection 227.‍03(3) of the Act is replaced by the following:

Pardon or record expiry

(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record Insertion start expiry has occurred Insertion end .

(2) Subsection 227.‍03(5) of the Act is replaced by the following:

Reapplication

(5) A person whose application is refused may Insertion start reapply Insertion end if five years have elapsed since they made the previous application. They may also Insertion start reapply Insertion end once they receive a pardon or once a record Insertion start expiry has occurred Insertion end . However, they may not Insertion start reapply Insertion end 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.

40 Subsections 227.‍12(4) and (5) of the Act are replaced by the following:

Pardon or record expiry

(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record Insertion start expiry has occurred Insertion end .

Reapplication

(5) A person whose application is refused may Insertion start reapply Insertion end if five years have elapsed since they made the previous application. They may also Insertion start reapply Insertion end once they receive a pardon or once a record Insertion start expiry has occurred Insertion end . However, they may not Insertion start reapply Insertion end if, after the previous application was made, they become subject to an obligation under section 490.‍019 or 490.‍02901 of the Criminal Code or under section 36.‍1 of the International Transfer of Offenders Act or to an order under section 227.‍01 of this Act or section 490.‍012 of the Criminal Code.

R.‍S.‍, c. 1 (5th Supp.‍)

Income Tax Act

41 (1) Subparagraph (a)‍(ii) of the definition ineligible individual in subsection 149.‍1(1) of the Income Tax Act is replaced by the following:

  • (ii) a record Insertion start expiry Insertion end has Insertion start occurred Insertion end under the Criminal Records Act,

(2) Subsection 149.‍1(1.‍01) of the Act is replaced by the following:

Deeming rule — Safe Streets and Communities Act

(1.‍01) In this section, a reference to a record Insertion start expiry Insertion end is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act.

1998, c. 37

DNA Identification Act

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

Record expiry

(8) Despite anything in this section, stored bodily substances of a person in respect of whom a record Insertion start expiry under Insertion end the Criminal Records Act Insertion start has occurred Insertion end shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any person.

2001, c. 27

Immigration and Refugee Protection Act

43 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 Insertion start expiry Insertion end has Insertion start occurred Insertion end under the Criminal Records Act or in respect of which there has been a final determination of an acquittal;

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

  • (f) the effect of a record Insertion start expiry Insertion end under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and

2002, c.‍1

Youth Criminal Justice Act

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

  • (d) the Parole Board of Canada or any provincial parole board may consider the finding of guilt in considering an application for conditional release or Insertion start any application Insertion end under the Criminal Records Act.

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

  • (iii) considering an application for conditional release, or Insertion start any application Insertion end under the Criminal Records Act, made by the young person, whether as a young person or an adult,

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

  • (iii) considering an application for conditional release, or Insertion start any application Insertion end under the Criminal Records Act, made by the young person after the young person becomes an adult.

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

Exception

(5) Despite subsections (1), (2) and (4), an entry that is contained in a system maintained by the Royal Canadian Mounted Police to match crime scene information and that relates to an offence committed or alleged to have been committed by a young person shall be dealt with in the same manner as information that relates to an offence committed by an adult for which a record Insertion start expiry has occurred Insertion end under the Criminal Records Act.

SOR/95-210

Pardon Services Fees Order

49 The Pardon Services Fees Order is repealed.

Published under authority of the Senate of Canada


EXPLANATORY NOTES

Criminal Records Act
Clause 1: Existing text of the long title:

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

Clause 2: (1) Text of the definitions:

possession means possession within the meaning of subsection 4(3) of the Criminal Code; (possession)

record suspension means a measure ordered by the Board under section 4.‍1; (suspension du casier)

(2) New.
Clause 3: Existing text of sections 2.‍1 to 2.‍3:

2.‍1 (1) The Board has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension.

(2) The powers, duties and functions of the Board related to an application referred to in subsection 4(3.‍1) shall be exercised by employees of the Board or any class of its employees.

2.‍2 (1) An application for a record suspension shall be determined, and a decision whether to revoke a record suspension under section 7 shall be made, by a panel that consists of one member of the Board.

(2) The Chairperson of the Board may direct that the number of members of the Board required to constitute a panel to determine an application for a record suspension, to decide whether to revoke a record suspension under section 7 or to determine any class of those applications or make any class of those decisions shall be greater than one.

Effect of Record Suspension

2.‍3 A record suspension

  • (a) is evidence of the fact that

    • (i) the Board, after making the inquiries referred to in paragraph 4.‍2(1)‍(b), was satisfied that the applicant was of good conduct, and

    • (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

    • (i) section 109, 110, 161, 320.‍24, 490.‍012, 490.‍019 or 490.‍02901 of the Criminal Code,

    • (ii) section 259 of the Criminal Code, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force,

    • (iii) subsection 147.‍1(1) or section 227.‍01 or 227.‍06 of the National Defence Act,

    • (iv) section 734.‍5 or 734.‍6 of the Criminal Code or section 145.‍1 of the National Defence Act, in respect of any fine or victim surcharge imposed for any offence referred to in Schedule 3, or

    • (v) section 36.‍1 of the International Transfer of Offenders Act.

Clause 4: Existing text of the heading and subsection 3(1):
Application for Record Suspension

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.

Clause 5: Existing text of section 4:

4 (1) Subject to subsections (3.‍1) and (3.‍11), a person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:

  • (a) 10 years, in the case of an offence that is prosecuted by indictment or is a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act; or

  • (b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a).

(2) Subject to subsection (3), a person is ineligible to apply for a record suspension if he or she has been convicted of

  • (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.

(3.‍1) A person who has been convicted only of an offence referred to in Schedule 3 may apply for a record suspension in respect of that offence before the expiration of the period referred to in subsection (1).

(3.‍11) A person who has been convicted of an offence referred to in Schedule 3 and other offences may only apply for a record suspension after the expiration of the period referred to in subsection (1), without taking into account any offence referred to in Schedule 3.

(3.‍2) A person is ineligible to make an application for a record suspension referred to in subsection (3.‍1) or (3.‍11) until after the expiration according to law of any sentence imposed, other than the payment of any fine or victim surcharge, for any offence referred to in Schedule 3.

(3.‍21) For greater certainty, subsection (3.‍2) does not apply to fines and victim surcharges imposed for both an offence referred to in Schedule 3 and for other offences, in which case a person is ineligible to make an application for a record suspension referred to in subsection (3.‍11) until after all fines and victim surcharges have been paid.

(3.‍3) Despite anything in an order made under the Financial Administration Act, a person who makes an application for a record suspension referred to in subsection (3.‍1) is not required to pay any fee for services provided by the Board in respect of that application if the person has been convicted only of an offence referred to in that subsection.

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

(4.‍1) The person referred to in subsection (3.‍1) has the onus of satisfying the Board that the person has been convicted only of an offence referred to in that subsection.

(4.‍11) For the purpose of an application referred to in subsection (3.‍1), the Board may not require a person who makes the application to provide a certified copy of information contained in court records in support of the application unless the certified verification of the applicant’s criminal records and information contained in the police records or Canadian Armed Forces records provided in support of the application are not sufficient to demonstrate that the person has been convicted only of an offence referred to in Schedule 3 and that the only sentence imposed for that offence was payment of a fine or victim surcharge or both.

(4.‍12) For the purpose of subsection (3.‍11), a person referred to in that subsection has the onus of satisfying the Board that the person has been convicted of an offence referred to in Schedule 3.

(5) The Governor in Council may, by order, amend Schedule 1 or 3 by adding or deleting a reference to an offence.

Clause 6: New.
Clause 7: Existing text of section 4.‍1:

4.‍1 (1) Subject to subsection (1.‍1), the Board may order that an applicant’s record in respect of an offence be suspended, without taking into account any offence referred to in Schedule 3, if the Board is satisfied that

  • (a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct and has not been convicted of an offence under an Act of Parliament; and

  • (b) in the case of an offence referred to in paragraph 4(1)‍(a), ordering the record suspension at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

(1.‍1) In the case of an application referred to in subsection 4(3.‍1), the Board shall order that the applicant’s record in respect of that offence be suspended if the applicant has been convicted only of an offence referred to in that subsection and has not been convicted of a new offence under an Act of Parliament, other than an offence referred to in that subsection.

(1.‍2) A record suspension ordered under subsection (1.‍1) may not be revoked by the Board under paragraph 7(b).

(2) In the case of an offence referred to in paragraph 4(1)‍(a), the applicant has the onus of satisfying the Board that the record suspension would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.

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

  • (a) the nature, gravity and duration of the offence;

  • (b) the circumstances surrounding the commission of the offence;

  • (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

  • (d) any factor that is prescribed by regulation.

Clause 8: (1) Existing text of subsections 4.‍2(1) to (2):

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.

(1.‍1) The inquiries referred to in paragraph (1)‍(a), made with respect to an application referred to in subsection 4(3.‍1) or (3.‍11), are not to take into account the non-payment of any fine or victim surcharge imposed for any offence referred to in Schedule 3.

(1.‍2) The inquiries referred to in paragraphs (1)‍(b) and (c) do not apply to an application referred to in subsection 4(3.‍1) and, with respect to all other applications for a record suspension, are not to take into account any offence referred to in Schedule 3.

(2) If the Board proposes to refuse to order a record suspension, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

(2) Text of subsection 4.‍2(4):

(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.

Clause 9: Existing text of sections 4.‍3 and 4.‍4:

4.‍3 For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account

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

  • (b) any remission that stands to the credit of the offender in respect of the offence.

4.‍4 The Executive Committee shall, after the consultation with Board members that it considers appropriate, adopt policies relating to applications for record suspensions, including related inquiries and proceedings.

Clause 10: Existing text of subsections 6(1) to (3):

6 (1) The Minister may, by order in writing addressed to a person having the custody or control of a judicial record of a conviction in respect of which a record suspension has been ordered, require that person to deliver that record into the Commissioner’s custody.

(2) A record of a conviction in respect of which a record suspension has been ordered that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records. Subject to subsection (2.‍1), no record of a conviction is to be disclosed to any person, nor is the existence of the record or the fact of the conviction to be disclosed to any person, without the prior approval of the Minister.

(2.‍1) The prior approval of the Minister referred to in subsection (2) is not necessary for the purposes of sections 734.‍5 and 734.‍6 of the Criminal Code or section 145.‍1 of the National Defence Act for non-payment of a fine or victim surcharge that is imposed for an offence referred to in Schedule 3.

(3) The Minister shall, before granting the approval for disclosure referred to in subsection (2), satisfy himself that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.

Clause 11: Existing text of subsection 6.‍1(2):

(2) The Commissioner shall remove all references to a discharge under section 730 of the Criminal Code from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police on the expiration of the relevant period referred to in subsection (1).

Clause 12: Existing text of relevant portion of section 6.‍2:

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

Clause 13: (1) Existing text of subsection 6.‍3(2):

(2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether 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.

(2) Existing text of subsection 6.‍3(9):

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

Clause 14: Existing text of section 6.‍4:

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.

Clause 15: Existing text of the heading and sections 7 to 7.‍2 :
Revocation

7 A record suspension may be revoked by the Board

  • (a) if the person to whom it relates is subsequently convicted of an offence referred to in paragraph 4(1)‍(b), other than an offence referred to in subparagraph 7.‍2(a)‍(ii);

  • (b) on evidence establishing to the satisfaction of the Board that the person to whom it relates is no longer of good conduct; or

  • (c) on evidence establishing to the satisfaction of the Board that the person to whom it relates knowingly made a false or deceptive statement in relation to the application for the record suspension, or knowingly concealed some material particular in relation to that application.

7.‍1 (1) If the Board proposes to revoke a record suspension, it shall notify in writing the person to whom it relates of its proposal and advise that person that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

(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).

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) an offence under the Criminal Code, other than an offence under subsection 320.‍14(1) or 320.‍15(1) of that Act, the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction; or

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

Clause 16: Existing text of relevant portion of section 8:

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:

Clause 17: Existing text of section 9:

9 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy or the provisions of the Criminal Code relating to pardons, except that sections 6 and 8 apply in respect of any pardon granted pursuant to the royal prerogative of mercy or those provisions.

Clause 18: Existing text of section 9.‍01:

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.

Clause 19: Text of relevant portions of section 9.‍1:

9.‍1 The Governor in Council may make regulations

  • . . . 

  • (c.‍1) prescribing factors for the purposes of paragraph 4.‍1(3)‍(d);

Clause 20: New.
Clause 21: Existing text of relevant portions of subsection 11(1):

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

Clause 22: Text of Schedule 1:
SCHEDULE 1

(Subsections 4(2), (3) and (5))

1 Offences

(a) under the following provisions of the Criminal Code:

(i) section 151 (sexual interference with a person under 16),

(ii) section 152 (invitation to a person under 16 to sexual touching),

(iii) section 153 (sexual exploitation of a person 16 or more but under 18),

(iv) subsection 160(3) (bestiality in the presence of a person under 16 or inciting a person under 16 to commit bestiality),

(v) section 163.‍1 (child pornography),

(vi) section 170 (parent or guardian procuring sexual activity),

(vii) section 171 (householder permitting sexual activity),

(vii.‍1) paragraph 171.‍1(1)‍(a) (making sexually explicit material available to child under 18 for purposes of listed offences),

(vii.‍2) paragraph 171.‍1(1)‍(b) (making sexually explicit material available to child under 16 for purposes of listed offences),

(vii.‍3) paragraph 171.‍1(1)‍(c) (making sexually explicit material available to child under 14 for purposes of listed offences),

(viii) section 172 (corrupting children),

(ix) section 172.‍1 (luring a child),

(ix.‍1) paragraph 172.‍2(1)‍(a) (agreement or arrangement — listed sexual offence against child under 18),

(ix.‍2) paragraph 172.‍2(1)‍(b) (agreement or arrangement — listed sexual offence against child under 16),

(ix.‍3) paragraph 172.‍2(1)‍(c) (agreement or arrangement — listed sexual offence against child under 14),

(x) subsection 173(2) (exposure),

(xi) to (xiii) [Repealed, 2014, c. 25, s. 35]

(xiv) paragraph 273.‍3(1)‍(a) (removal of child under 16 from Canada for purposes of listed offences),

(xv) paragraph 273.‍3(1)‍(b) (removal of child 16 or more but under 18 from Canada for purpose of listed offence),

(xvi) paragraph 273.‍3(1)‍(c) (removal of child under 18 from Canada for purposes of listed offences),

(xvi.‍1) section 279.‍011 (trafficking — person under 18 years),

(xvi.‍2) subsection 279.‍02(2) (material benefit — trafficking of person under 18 years),

(xvi.‍3) subsection 279.‍03(2) (withholding or destroying documents — trafficking of person under 18 years),

(xvi.‍4) subsection 286.‍1(2) (obtaining sexual services for consideration from person under 18 years),

(xvi.‍5) subsection 286.‍2(2) (material benefit from sexual services provided by person under 18 years),

(xvi.‍6) subsection 286.‍3(2) (procuring — person under 18 years),

(xvii) paragraph 348(1)‍(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xvi), and

(xviii) paragraph 348(1)‍(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xvi);

(b) under the following provisions of the Criminal Code, R.‍S.‍C. 1970, c. C-34, as that Act read before January 1, 1988:

(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);

(b.‍1) under the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force:

(i) subsection 212(2) (living on the avails of prostitution of person under 18 years),

(ii) subsection 212(2.‍1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

(iii) subsection 212(4) (prostitution of person under 18 years);

(c) that are referred to in paragraph (a) and that are punishable under section 130 of the National Defence Act;

(d) that are referred to in paragraph (b) and that are punishable under section 120 of the National Defence Act, R.‍S.‍C. 1970, c. N-4; and

(e) of attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (d).

2 Offences

(a) involving a child under the following provisions of the Criminal Code:

(i) section 153.‍1 (sexual exploitation of a person with a disability),

(ii) section 155 (incest),

(iii) section 162 (voyeurism),

(iv) subsection 163(1) (obscene materials),

(v) paragraph 163(2)‍(a) (obscene materials),

(vi) section 168 (mailing obscene matter),

(vii) subsection 173(1) (indecent acts),

(viii) section 271 (sexual assault),

(ix) subsection 272(1) and paragraph 272(2)‍(a) (sexual assault with firearm),

(x) subsection 272(1) and paragraph 272(2)‍(b) (sexual assault other than with firearm),

(xi) section 273 (aggravated sexual assault),

(xii) paragraph 348(1)‍(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xi), and

(xiii) paragraph 348(1)‍(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xi);

(b) involving a child under the following provisions of the Criminal Code, R.‍S.‍C. 1970, c. C-34, as that Act read before January 1, 1988:

(i) section 153 (sexual intercourse with stepdaughter, etc.‍, or female employee), and

(ii) section 157 (gross indecency);

(c) involving a child under the following provisions of the Criminal Code, R.‍S.‍C. 1970, c. C-34, as that Act read before January 4, 1983:

(i) section 144 (rape),

(ii) section 145 (attempt to commit rape),

(iii) section 149 (indecent assault on female),

(iv) section 156 (indecent assault on male),

(v) section 245 (common assault), and

(vi) subsection 246(1) (assault with intent to commit an indictable offence);

(d) that are referred to in paragraph (a) and that are punishable under section 130 of the National Defence Act;

(e) that are referred to in paragraph (b) or (c) and that are punishable under section 120 of the National Defence Act, R.‍S.‍C. 1970, c. N-4; and

(f) of attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (e).

3 [Repealed, 2012, c. 1, s. 133]

Clause 23: Text of Schedule 2:
SCHEDULE 2

(Subsections 6.‍3(2) and (9))

1 Offences

(a) under the following provisions of the Criminal Code:

(i) section 153.‍1 (sexual exploitation of a person with a disability),

(ii) section 155 (incest),

(iii) section 162 (voyeurism),

(iv) subsection 163(1) (obscene materials),

(v) paragraph 163(2)‍(a) (obscene materials),

(vi) section 168 (mailing obscene matter),

(vii) subsection 173(1) (indecent acts),

(viii) section 271 (sexual assault),

(ix) subsection 272(1) and paragraph 272(2)‍(a) (sexual assault with firearm),

(x) subsection 272(1) and paragraph 272(2)‍(b) (sexual assault other than with firearm),

(xi) section 273 (aggravated sexual assault),

(xii) section 280 (abduction of a person under 16),

(xiii) section 281 (abduction of a person under 14),

(xiv) subsection 372(2) (indecent phone calls),

(xv) paragraph 348(1)‍(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xiv), and

(xvi) paragraph 348(1)‍(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xiv); and

(b) of attempt or conspiracy to commit an offence referred to in any of subparagraphs (a)‍(i) to (xvi).

2 Offences

(a) under the following provisions of the Criminal Code, R.‍S.‍C. 1970, c. C-34, as that Act read before January 1, 1988:

(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 153 (sexual intercourse with stepdaughter, etc.‍, or female employee), and

(v) section 157 (gross indecency); and

(b) of attempt or conspiracy to commit an offence referred to in any of subparagraphs (a)‍(i) to (v).

3 Offences

(a) under the following provisions of the Criminal Code, R.‍S.‍C. 1970, c. C-34, as that Act read before January 4, 1983:

(i) section 144 (rape),

(ii) section 145 (attempt to commit rape),

(iiii) section 149 (indecent assault on female),

(iv) section 156 (indecent assault on male),

(v) section 245 (common assault), and

(vi) subsection 246(1) (assault with intent to commit an indictable offence); and

(b) of attempt or conspiracy to commit an offence referred to in any of subparagraphs (a)‍(i) to (vi).

Clause 24: Text of Schedule 3:
SCHEDULE 3

(Subsections 4(3.‍1) and (5))

Cannabis Offences

1 Offences

(a) under subsection 4(4) or (5) of the Controlled Drugs and Substances Act, as it read from time to time before October 17, 2018, for possession of a substance included in Item 1 of Schedule II to that Act, except for similar synthetic preparations of cannabis, other than any substance that is identical to any phytocannabinoid produced by, or found in, a cannabis (marihuana) plant, regardless of how the substance was obtained;

(b) under subsection 3(2) of the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, as it read from time to time before May 14, 1997, for possession of a substance included in Item 3 of the schedule to that Act, except for similar synthetic preparations of cannabis sativa, other than any substance that is identical to any phytocannabinoid produced by, or found in, a cannabis (marihuana) plant, regardless of how the substance was obtained; and

(c) under the National Defence Act or any previous version of that Act for an act or omission that constitutes an offence listed in paragraph (a) or (b).

Criminal Code
Clause 27: (1) Existing text of the definition:

record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)

(2) New.
Clause 28: Existing text of subsections 490.‍015(3) and (5):

(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

. . .  

(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.‍012 of this Act or section 227.‍01 of the National Defence Act after the previous application was made.

Clause 29: Existing text of relevant portions of subsection 490.‍022(2):

(2) The obligation ends on the earliest of

  • . . . 

  • (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.

Clause 30:  Existing text of subsections 490.‍026(4) and (5):

(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.

Clause 31: Existing text of relevant portions of subsection 638(1):

638 (1) A prosecutor or an accused is entitled to any number of challenges on the ground that

  • . . . 

  • (c) a juror has been convicted of an offence for which they were sentenced to a term of imprisonment of two years or more and for which no pardon or record suspension is in effect;

Clause 32:  Existing text of relevant portions of section 672.‍35:

672.‍35 Where a verdict of not criminally responsible on account of mental disorder is rendered, the accused shall not be found guilty or convicted of the offence, but

  • . . . 

  • (c) the Parole Board of Canada or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence.

Clause 33: Existing text of subsection 750(4):

(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.

Canadian Human Rights Act
Clause 34: Existing text of section 2:

2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

Clause 35: Existing text of subsection 3(1):

3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

Clause 36: Existing text of the definition:

conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act, that has not been revoked or ceased to have effect; (état de personne graciée)

National Defence Act
Clause 37: Existing text of relevant portions of subsection 202.‍14(2):

(2) Where a finding of not responsible on account of mental disorder is made, the accused person shall not be found guilty or convicted of the offence, but

  • . . . 

  • (h) the Parole Board of Canada or any provincial parole board may take the finding into account in considering an application by that person for parole or for a record suspension under the Criminal Records Act in respect of any other offence.

Clause 38: (1) Existing text of the definition:

record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)

(2) New.
Clause 39: Existing text of subsections 227.‍03(3) and (5):

(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

. . . 

(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.‍01 of this Act or section 490.‍012 of the Criminal Code after the previous application was made.

Clause 40: Existing text of subsections 227.‍12(4) and (5):

(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.

Income Tax Act
Clause 41: (1) Relevant portions of the definition:

ineligible individual, at any time, means an individual who has been

  • (a) convicted of a relevant criminal offence unless it is a conviction for which

  • . . .  

  • (ii) a record suspension has been ordered under the Criminal Records Act and the record suspension has not been revoked or ceased to have effect,

(2) Existing text of subsection 149.‍1(1.‍01):

(1.‍01) In this section, a reference to a record suspension is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act.

DNA Identification Act
Clause 42: Existing text of subsection 10(8):

(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
Clause 43:  Existing text of relevant portions of subsection 36(3):

(3) The following provisions govern subsections (1) and (2):

  • . . . 

  • (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;

Clause 44: Existing text of relevant portions of section 53:

53 The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting

  • . . . 

  • (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

Youth Criminal Justice Act
Clause 45: Relevant portions of subsection 82(1):

82 (1) Subject to section 12 (examination as to previous convictions) of the Canada Evidence Act, if a young person is found guilty of an offence, and a youth justice court directs under paragraph 42(2)‍(b) that the young person be discharged absolutely, or the youth sentence, or any disposition made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, has ceased to have effect, other than an order under section 51 (mandatory prohibition order) of this Act or section 20.‍1 (mandatory prohibition order) of the Young Offenders Act, the young person is deemed not to have been found guilty or convicted of the offence except that

  • . . . 

  • (d) the Parole Board of Canada or any provincial parole board may consider the finding of guilt in considering an application for conditional release or for a record suspension under the Criminal Records Act.

Clause 46: Relevant portions of subsection 119(1):

119 (1) Subject to subsections (4) to (6), from the date that a record is created until the end of the applicable period set out in subsection (2), the following persons, on request, shall be given access to a record kept under section 114, and may be given access to a record kept under sections 115 and 116:

  • . . . 

  • (n) a member of a department or agency of a government in Canada, or of an organization that is an agent of, or under contract with, the department or agency, who is

    • . . . 

    • (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,

Clause 47: Relevant portions of subsection 120(4):

(4) If a young person was found guilty of an offence set out in the schedule is, during the period of access to a record under subsection (3), found guilty of an additional offence set out in the schedule, committed when he or she was a young person, access to the record may be given to the following additional persons:

  • . . . 

  • (c) a member of a department or agency of a government in Canada, or of an organization that is an agent of, or is under contract with, the department or agency, who is

    • . . . 

    • (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.

Clause 48: Existing text of subsection 128(5)

(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.


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