Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

Marginal note:2007, c. 5, s. 4
  •  (1) Subsection 227.03(3) of the Act is replaced by the following:

    • Marginal note:Pardon or record suspension

      (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.

  • Marginal note:2007, c. 5, s. 4

    (2) Subsection 227.03(5) of the Act is replaced by the following:

    • Marginal note:Re-application

      (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.

Marginal note:2007, c. 5, s. 4; 2010, c. 17, s. 53(2)

 Subsections 227.12(4) and (5) of the Act are replaced by the following:

  • Marginal note:Pardon or record suspension

    (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.

  • Marginal note:Re-application

    (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.

2002, c. 1Youth Criminal Justice Act

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

  • (d) the National Parole Board 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.

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

  • (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,

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

  • (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.

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

  • Marginal note: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 suspension ordered under the Criminal Records Act is in effect.

Terminology Changes

 In the following provisions, “National Parole Board” is replaced by “Parole Board of Canada”:

Transitional Provisions

Marginal note:New applications for pardons

 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.

Marginal note:Pending applications — Criminal Records Act

 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.

Marginal note:Pending applications — references in other legislation

 A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force:

Marginal note:Pardons in effect — Criminal Records Act

 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.

Marginal note:Pardons in effect — references in other legislation

 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:

 
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