Safe Streets and Communities Act (S.C. 2012, c. 1)
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Assented to 2012-03-13
PART 3POST-SENTENCING
1992, c. 20Corrections And Conditional Release Act
Amendments to the Act
104. Schedule I to the Act is amended by adding the following after section 5:
5.1 If prosecuted by way of indictment, the offence of pointing a firearm, as provided for by subsection 86(1) of the Criminal Code, as it read immediately before December 1, 1998.
Transitional Provisions
Marginal note:Recalculation of statutory release date
105. Subsection 127(5.1) of the Corrections and Conditional Release Act, as enacted by section 81, applies only in respect of an offender who is on parole or statutory release and who receives an additional sentence for an offence under an Act of Parliament on or after the day on which this section comes into force.
Marginal note:Detention
106. Subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act and subparagraphs (a)(iv.1) and (vii.1) of the definition “sexual offence involving a child” in subsection 129(9) of that Act, as enacted by section 84, apply in respect of an offender who is sentenced in respect of an offence referred to in any of those subparagraphs, even if they were sentenced, committed or transferred to a penitentiary before the day on which this section comes into force.
Marginal note:Automatic suspension, cancellation or revocation
107. Subsections 135(1.1) to (3.1), (6.2) to (6.4), (9.1) and (9.2) of the Corrections and Conditional Release Act, as enacted or amended by section 89, apply only in respect of an offender who receives an additional sentence on or after the day on which this section comes into force.
R.S., c. C-47Criminal Records Act
108. The long title of the Criminal Records Act is replaced by the following:
Marginal note:1992, c. 22, s. 1(1); 2010, c. 5, par. 7.1(a)(E) and 7.3(a)(F)
109. (1) The definition “pardon” in subsection 2(1) of the Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“child”
« enfant »
“child” means a person who is less than 18 years of age;
“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;
“record suspension”
« suspension du casier »
“record suspension” means a measure ordered by the Board under section 4.1;
“service offence”
« infraction d’ordre militaire »
“service offence” has the same meaning as in subsection 2(1) of the National Defence Act;
Marginal note:1992, c. 22, s. 2(1); 2010, c. 5, ss. 7.2(E) and 7.5(F)
110. Section 2.1 of the Act is replaced by the following:
Marginal note:Jurisdiction of the Board
2.1 The Board has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension.
Marginal note:1992, c. 22, s. 2(1)
111. (1) Subsection 2.2(1) of the Act is replaced by the following:
Marginal note:Quorum
2.2 (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:1992, c. 22, ss. 2(1) and (2)(E)
(2) Subsection 2.2(2) of the English version of the Act is replaced by the following:
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.
112. The Act is amended by adding the following after section 2.2:
EFFECT OF RECORD SUSPENSION
Marginal note:Effect of record suspension
2.3 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.
113. The heading before section 3 of the Act is replaced by the following:
APPLICATION FOR RECORD SUSPENSION
Marginal note:1992, c. 22, s. 3; 2004, c. 21, par. 40(1)(b)
114. Subsection 3(1) of the Act is replaced by the following:
Marginal note:Application for record suspension
3. (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:1997, c. 17, s. 38; 2010, c. 5, s. 2
115. Sections 4 and 4.01 of the Act are replaced by the following:
Marginal note:Restrictions on application for record suspension
4. (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.
Marginal note:Exception — long-term supervision
4.01 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).
Marginal note:2010, c. 5, s. 3
116. (1) Subsections 4.1(1) and (2) of the Act are replaced by the following:
Marginal note:Record suspension
4.1 (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:2010, c. 5, s. 3
(2) The portion of subsection 4.1(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Factors
(3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider
Marginal note:2010, c. 5, s. 3
(3) Paragraph 4.1(3)(c) of the Act is replaced by the following:
(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
- Date modified: