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

Act current to 2016-11-21 and last amended on 2014-12-06. 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; (Commission)

    child

    enfant

    child means a person who is less than 18 years of age; (enfant)

    Commissioner

    commissaire

    Commissioner means the Commissioner of the Royal Canadian Mounted Police; (commissaire)

    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; (Bureau)

    Minister

    ministre

    Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

    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    pardon[Repealed, 2012, c. 1, s. 109]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; (période de probation)

    record suspension

    suspension du casier

    record suspension means a measure ordered by the Board under section 4.1; (suspension du casier)

    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. (peine)

    service offence

    infraction d’ordre militaire

    service offence has the same meaning as in subsection 2(1) of the National Defence Act; (infraction d’ordre militaire)

  • 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  • (3) [Repealed, 1992, c. 22, s. 1]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.
 
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