Criminal Records Act (R.S.C., 1985, c. C-47)

Act current to 2014-11-25 and last amended on 2013-02-28. Previous Versions

Criminal Records Act

R.S.C., 1985, c. C-47

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

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Criminal Records Act.

  • R.S., c. 12 (1st Supp.), s. 1.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “Board”

    « Commission »

    “Board” means the Parole Board of Canada;

    “child”

    « enfant »

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

    “Commissioner”

    « commissaire »

    “Commissioner” means the Commissioner of the Royal Canadian Mounted Police;

    “Executive Committee”

    « Bureau »

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

    “Minister”

    « ministre »

    “Minister” means the Minister of Public Safety and Emergency Preparedness;

    “pardon”

    “pardon”[Repealed, 2012, c. 1, s. 109]

    “period of probation”

    « période de probation »

    “period of probation” means a period during which a person convicted of an offence was directed by the court that convicted him

    • (a) to be released on his own recognizance to keep the peace and be of good behaviour, or

    • (b) to be released on or comply with the conditions prescribed in a probation order;

    “record suspension”

    « suspension du casier »

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

    “sentence”

    « peine »

    “sentence” has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110, 161 or 259 of that Act or subsection 147.1(1) of the National Defence Act.

    “service offence”

    « infraction d’ordre militaire »

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

  • Marginal note:Termination of period of probation

    (2) For the purposes of this Act, the period of probation shall be deemed to have terminated at the time the recognizance or the probation order that relates to the period of probation ceased to be in force.

  • (3) [Repealed, 1992, c. 22, s. 1]

  • R.S., 1985, c. C-47, s. 2;
  • R.S., 1985, c. 1 (4th Supp.), s. 45(F);
  • 1992, c. 22, s. 1;
  • 1995, c. 39, ss. 166, 191, c. 42, s. 77;
  • 2005, c. 10, s. 34;
  • 2010, c. 5, ss. 7.1(E), 7.3(F);
  • 2012, c. 1, ss. 109, 160.

PAROLE BOARD OF CANADA

Marginal note:Jurisdiction of the Board

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

  • 1992, c. 22, s. 2;
  • 2010, c. 5, ss. 7.2(E), 7.5(F);
  • 2012, c. 1, s. 110.
Marginal note:Quorum
  •  (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.

  • Marginal note:Panel of two or more persons

    (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.

  • 1992, c. 22, s. 2;
  • 2012, c. 1, s. 111.

EFFECT OF RECORD SUSPENSION

Marginal note:Effect of record suspension

 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 Offenders Act.

  • 2012, c. 1, s. 112.

APPLICATION FOR RECORD SUSPENSION

Marginal note:Application for record suspension
  •  (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.

  • Marginal note:Transfer of offenders

    (2) For the purposes of this Act, the offence of which a Canadian offender within the meaning of the International Transfer of Offenders Act who has been transferred to Canada under that Act has been found guilty is deemed to be an offence that was prosecuted by indictment.

  • R.S., 1985, c. C-47, s. 3;
  • 1992, c. 22, s. 3;
  • 2004, c. 21, s. 40;
  • 2012, c. 1, s. 114.

PROCEDURE

Marginal note:Restrictions on application for record suspension
  •  (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).

  • Marginal note:Ineligible persons

    (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.

  • Marginal note:Exception

    (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.

  • Marginal note:Onus — exception

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

  • Marginal note:Amendment of Schedule 1

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

  • R.S., 1985, c. C-47, s. 4;
  • R.S., 1985, c. 1 (4th Supp.), s. 45(F);
  • 1992, c. 22, s. 4;
  • 2000, c. 1, s. 1(F);
  • 2010, c. 5, s. 2;
  • 2012, c. 1, s. 115.
Marginal note:Exception — long-term supervision

 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).

  • 1997, c. 17, s. 38;
  • 2012, c. 1, s. 115.
Marginal note:Record suspension
  •  (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.

  • Marginal note:Onus on applicant

    (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.

  • Marginal note:Factors

    (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.

  • 1992, c. 22, s. 4;
  • 2010, c. 5, s. 3;
  • 2012, c. 1, s. 116.
Marginal note:Inquiries
  •  (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.

  • Marginal note:Entitlement to make representations

    (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.

  • Marginal note:Board to consider representations

    (3) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to the applicant pursuant to subsection (2).

  • Marginal note:Waiting period

    (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.

  • 1992, c. 22, s. 4;
  • 2000, c. 1, s. 2;
  • 2010, c. 5, s. 4;
  • 2012, c. 1, s. 117.
Marginal note:Expiration of sentence

 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.

  • 1992, c. 22, s. 4.
Marginal note:Functions of Executive Committee

 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.

  • 2012, c. 1, s. 118.

 [Repealed, 2012, c. 1, s. 119]

CUSTODY OF RECORDS

Marginal note:Records to be delivered to Commissioner
  •  (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.

  • Marginal note:Records to be kept separate and not to be disclosed

    (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.

  • Marginal note:Approval for disclosure

    (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.

  • Marginal note:Information in national DNA data bank

    (4) For greater certainty, a judicial record of a conviction includes any information in relation to the conviction that is contained in the convicted offenders index of the national DNA data bank established under the DNA Identification Act.

  • R.S., 1985, c. C-47, s. 6;
  • 1998, c. 37, s. 25;
  • 2000, c. 1, s. 5(E);
  • 2010, c. 5, s. 7.1(E);
  • 2012, c. 1, s. 120.
Marginal note:Discharges
  •  (1) No record of a discharge under section 730 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if

    • (a) more than one year has elapsed since the offender was discharged absolutely; or

    • (b) more than three years have elapsed since the offender was discharged on the conditions prescribed in a probation order.

  • Marginal note:Purging C.P.I.C.

    (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).

  • 1992, c. 22, s. 6;
  • 1995, c. 22, s. 17(E).
Marginal note:Disclosure to police forces

 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

  • (a) at the scene of a crime during an investigation of the crime; or

  • (b) during an attempt to identify a deceased person or a person suffering from amnesia.

  • 1992, c. 22, s. 6;
  • 2012, c. 1, s. 121.

Definition of “vulnerable person”

  •  (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.

  • Marginal note: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 listed in Schedule 2 in respect of which a record suspension has been ordered.

  • Marginal note:Verification

    (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.

  • Marginal note:Unauthorized use

    (4) Except as authorized by subsection (3), no person shall verify whether a person is the subject of a notation made in accordance with subsection (2).

  • Marginal note:Request to forward record to Minister

    (5) A police force or other authorized body that identifies an applicant for a position referred to in paragraph (3)(a) as being a person who is the subject of a notation made in accordance with subsection (2) shall request the Commissioner to provide the Minister with any record of a conviction of that applicant, and the Commissioner shall transmit any such record to the Minister.

  • Marginal note:Disclosure by Minister

    (6) The Minister may disclose to the police force or other authorized body all or part of the information contained in a record transmitted by the Commissioner pursuant to subsection (5).

  • Marginal note:Disclosure to person or organization

    (7) A police force or other authorized body shall disclose the information referred to in subsection (6) to the person or organization that requested a verification if the applicant for a position has consented in writing to the disclosure.

  • Marginal note:Use of information

    (8) A person or organization that acquires information under this section in relation to an application for a position shall not use it or communicate it except in relation to the assessment of the application.

  • Marginal note:Amendment of Schedule 2

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

  • 2000, c. 1, s. 6;
  • 2010, c. 5, s. 6;
  • 2012, c. 1, s. 122.
Marginal note:Operation of section 6.3

 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.

  • 2000, c. 1, s. 6;
  • 2010, c. 5, ss. 7.1(E), 7.4(F);
  • 2012, c. 1, s. 123.

REVOCATION

Marginal note:Revocation of record suspension

 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.

  • R.S., 1985, c. C-47, s. 7;
  • 1992, c. 22, s. 7;
  • 2010, c. 5, s. 7.1(E);
  • 2012, c. 1, s. 124.
Marginal note:Entitlement to make representations
  •  (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.

  • Marginal note:Board to consider representations

    (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).

  • 1992, c. 22, s. 7;
  • 2000, c. 1, s. 7;
  • 2010, c. 5, s. 7.1(E);
  • 2012, c. 1, s. 125.
Marginal note:Cessation of effect of record suspension

 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.

  • 1992, c. 22, s. 7;
  • 2000, c. 1, s. 7;
  • 2010, c. 5, ss. 6.1(E), 7.1(E), 7.3(F);
  • 2012, c. 1, s. 126.

GENERAL

Marginal note:Applications for employment

 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:

  • (a) employment in any department as defined in section 2 of the Financial Administration Act;

  • (b) employment by any Crown corporation as defined in section 83 of the Financial Administration Act;

  • (c) enrolment in the Canadian Forces; or

  • (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

  • R.S., 1985, c. C-47, s. 8;
  • 1992, c. 22, s. 8;
  • 2010, c. 5, s. 7.1(E);
  • 2012, c. 1, s. 127.
Marginal note:Saving of other pardons

 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.

  • R.S., 1985, c. C-47, s. 9;
  • 1992, c. 22, s. 9.
Marginal note:Disclosure of decisions

 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.

  • 2012, c. 1, s. 128.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting the making of notations in respect of records of conviction, and the verification of such records, for the purposes of section 6.3;

  • (b) prescribing the factors that the Minister must have regard to in considering whether to authorize a disclosure under this Act of a record of a conviction;

  • (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);

  • (c.1) prescribing factors for the purposes of paragraph 4.1(3)(d);

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

  • (d) generally for carrying out the purposes and provisions of this Act.

  • 1992, c. 22, s. 9;
  • 2000, c. 1, s. 8;
  • 2010, c. 5, s. 7;
  • 2012, c. 1, s. 129.

OFFENCES

Marginal note:Offence and punishment

 Any person who contravenes any provision of this Act is guilty of an offence punishable on summary conviction.

  • R.S., c. 12 (1st Supp.), s. 10.

REPORT TO PARLIAMENT

Marginal note:Annual report
  •  (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.

  • Marginal note:Tabling of report

    (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.

  • 2012, c. 1, s. 130.

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) subsection 212(2) (living on avails of prostitution of a person under 18),

      • (xii) subsection 212(2.1) (aggravated offence — living on avails of prostitution of a person under 18),

      • (xiii) subsection 212(4) (obtain, or attempt to obtain, sexual services of a person under 18),

      • (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),

      • (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);

    • (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) paragraph 163(1)(a) (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]

  • 2010, c. 5, s. 9;
  • 2012, c. 1, ss. 49, 131 to 133.

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) paragraph 163(1)(a) (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),

      • (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); and

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

  • R.S., 1985, c. C-47, Sch.;
  • 1992, c. 22, s. 10;
  • 2000, c. 1, s. 8.1;
  • 2008, c. 6, s. 58;
  • 2010, c. 5, s. 8;
  • 2012, c. 1, s. 134.

RELATED PROVISIONS

  • — 1992, c. 22, s. 11

    • Transitional

      11. Section 6.1 of the Criminal Records Act applies in respect of a discharge under section 736 of the Criminal Code before the day on which this Act comes into force, if the person who was discharged applies to the Royal Canadian Mounted Police to have section 6.1 of that Act apply.

  • — 2010, c. 5, s. 10

    • New applications for pardons

      10. Subject to section 11, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act 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 Act.

  • — 2010, c. 5, s. 11

    • Pending applications — Criminal Records Act

      11. An application for a pardon under the Criminal Records Act that is made before the day on which this Act 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

      • (a) is made after the period referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act comes into force, has elapsed; and

      • (b) is not finally disposed of on the day on which this Act comes into force.

  • — 2010, c. 5, s. 12, as amended by 2012, c. 1, s. 151

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

      • Pardons in effect — Criminal Records Act

        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.

      • Coming into force

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

  • — 2012, c. 1, s. 161

    • New applications for pardons

      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.

  • — 2012, c. 1, s. 162

    • Pending applications — Criminal Records Act

      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.

  • — 2012, c. 1, s. 164

    • Pardons in effect — Criminal Records 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.

  • — 2012, c. 1, s. 165

    • Pardons in effect — references in other legislation

      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.

AMENDMENTS NOT IN FORCE

  • — 2014, c. 25, s. 35

    • 2010, c. 5, s. 9
      • 35. (1) Subparagraphs 1(a)(xi) to (xiii) of Schedule 1 to the Criminal Records Act are repealed.

      • (2) Paragraph 1(a) of Schedule 1 to the Act is amended by adding the following after subparagraph (xvi):

        • (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),

      • (3) Schedule 1 to the Act is amended by adding the following after paragraph 1(b):

        • (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);

  • — 2014, c. 25, s. 45.1

    • Review
      • 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

      • Report

        (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.