Safe Streets and Communities Act (S.C. 2012, c. 1)
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Assented to 2012-03-13
PART 3POST-SENTENCING
R.S., c. C-46Criminal Code
Marginal note:2004, c. 10, s. 20
141. (1) The definition réhabilitation in subsection 490.011(1) of the French version of the Criminal Code is repealed.
Marginal note:2004, c. 10, s. 20
(2) The definition “pardon” in subsection 490.011(1) of the English version of the Act is replaced by the following:
“pardon”
« pardon »
“pardon” means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked.
(3) Subsection 490.011(1) of the Act is amended by adding the following in alphabetical order:
“record suspension”
« suspension du casier »
“record suspension” means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect.
(4) Subsection 490.011(1) of the French version of the Act is amended by adding the following in alphabetical order:
« pardon »
“pardon”
pardon Pardon conditionnel accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 qui n’a pas été révoqué.
Marginal note:2007, c. 5, s. 15
142. (1) Subsection 490.015(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. 15
(2) Subsection 490.015(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 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.
Marginal note:2004, c. 10, s. 20
143. Paragraph 490.022(2)(c) of the Act is replaced by the following:
(c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon or record suspension to a person who collects information, as defined in subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.
Marginal note:2007, c. 5, s. 24; 2010, c. 17, s. 16(2)
144. Subsections 490.026(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 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or to an order under section 490.012 or under section 227.01 of the National Defence Act.
Marginal note:1991, c. 43, s. 4
145. Paragraph 672.35(c) of the Act is replaced by the following:
(c) the National Parole Board or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence.
Marginal note:2000, c. 1, s. 9
146. Subsection 750(4) of the Act is replaced by the following:
Marginal note:Application for restoration of privileges
(4) A person to whom subsection (3) applies may, at any time before a record suspension for which he or she has applied is ordered under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.
Marginal note:1997, c. 17, s. 4; 2008, c. 6, s. 45(3)(F)
147. Subsection 753.2(3) of the Act is replaced by the following:
Marginal note:Application for reduction in period of long-term supervision
(3) An offender who is required to be supervised, a member of the National Parole Board or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.
1998, c. 37DNA Identification Act
148. Subsection 10(8) of the DNA Identification Act is replaced by the following:
Marginal note:When record suspension is in effect
(8) Despite anything in this section, stored bodily substances of a person in respect of whom a record suspension, as defined in subsection 2(1) of the Criminal Records Act, is in effect shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any person.
2001, c. 27Immigration and Refugee Protection Act
149. Paragraph 36(3)(b) of the Immigration and Refugee Protection Act is replaced by the following:
(b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;
150. Paragraph 53(f) of the Act is replaced by the following:
(f) the effect of a record suspension under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and
2010, c. 5Limiting Pardons for Serious Crimes Act
151. The Limiting Pardons for Serious Crimes Act is amended by adding the following after section 11:
Marginal note: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.
Marginal note:Coming into force
13. Section 12 is deemed to have come into force on June 29, 2010.
R.S., c. N-5National Defence Act
Marginal note:1991, c. 43, s. 18
152. Paragraph 202.14(2)(h) of the National Defence Act is replaced by the following:
(h) the National Parole Board or any provincial parole board may take the finding into account in considering an application by that person for parole or for a record suspension under the Criminal Records Act in respect of any other offence.
Marginal note:2007, c. 5, s. 4
153. (1) The definition “réhabilitation” in section 227 of the French version of the Act is repealed.
Marginal note:2007, c. 5, s. 4
(2) The definition “pardon” in section 227 of the English version of the Act is replaced by the following:
“pardon”
« pardon »
“pardon” means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked.
(3) Section 227 of the Act is amended by adding the following in alphabetical order:
“record suspension”
« suspension du casier »
“record suspension” means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect.
(4) Section 227 of the French version of the Act is amended by adding the following in alphabetical order:
« pardon »
“pardon”
pardon Pardon conditionnel accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 du Code criminel qui n’a pas été révoqué.
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