Criminal Records Act (R.S.C., 1985, c. C-47)
6.4 Section 6.3 applies in respect of a record of a conviction for any offence in respect of which a pardon has been granted regardless of the date of the conviction or the date of the pardon.
- 2000, c. 1, s. 6;
- 2010, c. 5, ss. 7.1(E), 7.4(F).
REVOCATION
7. A pardon may be revoked by the Board
(a) if the person to whom it is granted is subsequently convicted of an offence punishable on summary conviction under an Act of Parliament or a regulation made under an Act of Parliament;
(b) on evidence establishing to the satisfaction of the Board that the person to whom it was granted is no longer of good conduct; or
(c) on evidence establishing to the satisfaction of the Board that the person to whom it was granted knowingly made a false or deceptive statement in relation to the application for the pardon, 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).
7.1 (1) If the Board proposes to revoke a pardon, it shall notify the person to whom the pardon was granted of its proposal in writing 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, if the Board so authorizes, 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 pursuant to subsection (1).
- 1992, c. 22, s. 7;
- 2000, c. 1, s. 7;
- 2010, c. 5, s. 7.1(E).
7.2 A pardon granted to a person ceases to have effect if
(a) the person is subsequently convicted of
(i) an indictable offence under an Act of Parliament or a regulation made under an Act of Parliament,
(ii) an 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
(iii) a service offence referred to in paragraph 4(a); or
(b) the Board is convinced by new information that the person was not eligible for a pardon at the time it was granted or issued.
- 1992, c. 22, s. 7;
- 2000, c. 1, s. 7;
- 2010, c. 5, ss. 6.1(E), 7.1(E), 7.3(F).