Marginal note:2007, c. 5, s. 4

• 154. (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)

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

2002, c. 1Youth Criminal Justice Act

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

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

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

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

Terminology Changes

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

• (a) Schedule I to the Access to Information Act;

• (b) in the Corrections and Conditional Release Act,

  • (i) subparagraph (a)(ii) of the definition “inmate” in subsection 2(1),

  • (ii) paragraph 4(a),

  • (iii) subsection 25(1),

  • (iv) the definition “Board” in subsection 99(1),

  • (v) paragraph 167(2)(a),

  • (vi) paragraph 177(b),

  • (vii) subsections 178(1) and (2),

  • (viii) subsections 179(1) and (3), and

  • (ix) section 180;

• (c) in the Criminal Code,

  • (i) subparagraph (b)(xi) of the definition “justice system participant” in section 2,

  • (ii) paragraph 672.35(c),

  • (iii) paragraphs 746.1(2)(c) and (3)(c),

  • (iv) subsection 753.2(3), and

  • (v) subsections 761(1) and (2);

• (d) in the Criminal Records Act,

  • (i) the definition “Board” in subsection 2(1), and

  • (ii) the heading before section 2.1;

• (e) section 5 of the Department of Public Safety and Emergency Preparedness Act;

• (f) in the Financial Administration Act,

  • (i) Schedule I.1,

  • (ii) Schedule IV, and

  • (iii) Part II of Schedule VI;

• (g) section 28 of the International Transfer of Offenders Act;

• (h) in the National Defence Act,

  • (i) paragraph 202.14(2)(h), and

  • (ii) subsection 222(2);

• (i) subsection 6(9) of the Prisons and Reformatories Act;

• (j) in the Privacy Act,

  • (i) section 24, and

  • (ii) the schedule, under the heading “OTHER GOVERNMENT INSTITUTIONS”;

• (k) Schedule I to the Public Sector Compensation Act, under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”; and

• (l) in the Youth Criminal Justice Act,

  • (i) paragraph 77(3)(b), and

  • (ii) paragraph 82(1)(d).

Transitional Provisions

Marginal note:New applications for pardons

161. 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

162. 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

163. 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:

• (a) paragraph 672.35(c) and subsection 750(4) of the Criminal Code;

• (b) paragraph 202.14(2)(h) of the National Defence Act; and

• (c) paragraph 82(1)(d) and subparagraphs 119(1)(n)(iii) and 120(4)(c)(iii) of the Youth Criminal Justice Act.

Marginal note:Pardons in effect — Criminal Records Act

164. 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

165. 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:

• (a) the definition “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” in section 25 of the Canadian Human Rights Act;

• (b) the definition “record suspension” in subsection 490.011(1) of the Criminal Code;

• (c) subsection 10(8) of the DNA Identification Act;

• (d) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act;

• (e) the definition “record suspension” in section 227 of the National Defence Act; and

• (f) subsection 128(5) of the Youth Criminal Justice Act.