Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-12-18 and last amended on 2014-12-16. Previous Versions

 [Repealed, 1995, c. 22, s. 6]

Pardons and Remissions

Marginal note:To whom pardon may be granted
  •  (1) Her Majesty may extend the royal mercy to a person who is sentenced to imprisonment under the authority of an Act of Parliament, even if the person is imprisoned for failure to pay money to another person.

  • Marginal note:Free or conditional pardon

    (2) The Governor in Council may grant a free pardon or a conditional pardon to any person who has been convicted of an offence.

  • Marginal note:Effect of free pardon

    (3) Where the Governor in Council grants a free pardon to a person, that person shall be deemed thereafter never to have committed the offence in respect of which the pardon is granted.

  • Marginal note:Punishment for subsequent offence not affected

    (4) No free pardon or conditional pardon prevents or mitigates the punishment to which the person might otherwise be lawfully sentenced on a subsequent conviction for an offence other than that for which the pardon was granted.

  • R.S., 1985, c. C-46, s. 748;
  • 1992, c. 22, s. 12;
  • 1995, c. 22, s. 6.
Marginal note:Remission by Governor in Council
  •  (1) The Governor in Council may order the remission, in whole or in part, of a fine or forfeiture imposed under an Act of Parliament, whoever the person may be to whom it is payable or however it may be recoverable.

  • Marginal note:Terms of remission

    (2) An order for remission under subsection (1) may include the remission of costs incurred in the proceedings, but no costs to which a private prosecutor is entitled shall be remitted.

  • 1995, c. 22, s. 6.
Marginal note:Royal prerogative

 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy.

  • R.S., 1985, c. C-46, s. 749;
  • 1995, c. 22, s. 6.

Disabilities

Marginal note:Public office vacated for conviction
  •  (1) Where a person is convicted of an indictable offence for which the person is sentenced to imprisonment for two years or more and holds, at the time that person is convicted, an office under the Crown or other public employment, the office or employment forthwith becomes vacant.

  • Marginal note:When disability ceases

    (2) A person to whom subsection (1) applies is, until undergoing the punishment imposed on the person or the punishment substituted therefor by competent authority or receives a free pardon from Her Majesty, incapable of holding any office under the Crown or other public employment, or of being elected or sitting or voting as a member of Parliament or of a legislature or of exercising any right of suffrage.

  • Marginal note:Disability to contract

    (3) No person who is convicted of

    • (a) an offence under section 121, 124 or 418,

    • (b) an offence under section 380 committed against Her Majesty, or

    • (c) an offence under paragraph 80(1)(d), subsection 80(2) or section 154.01 of the Financial Administration Act,

    has, after that conviction, capacity to contract with Her Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her Majesty.

  • Marginal note:Application for restoration of privileges

    (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.

  • Marginal note:Order of restoration

    (5) Where an application is made under subsection (4), the Governor in Council may order that the capacities lost by the applicant by virtue of subsection (3) be restored to that applicant in whole or in part and subject to such conditions as the Governor in Council considers desirable in the public interest.

  • Marginal note:Removal of disability

    (6) Where a conviction is set aside by competent authority, any disability imposed by this section is removed.

  • R.S., 1985, c. C-46, s. 750;
  • 1995, c. 22, s. 6;
  • 2000, c. 1, s. 9;
  • 2006, c. 9, s. 246;
  • 2012, c. 1, s. 146.