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Criminal Records Act (R.S.C., 1985, c. C-47)

Full Document:  

Act current to 2019-08-28 and last amended on 2019-08-01. Previous Versions

Procedure (continued)

Marginal note:Exception — long-term supervision

 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).

  • 1997, c. 17, s. 38
  • 2012, c. 1, s. 115

Marginal note:Record suspension

  •  (1) Subject to subsection (1.1), the Board may order that an applicant’s record in respect of an offence be suspended, without taking into account any offence referred to in Schedule 3, 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:Record suspension — person referred to in subsection 4(3.1)

    (1.1) In the case of an application referred to in subsection 4(3.1), the Board shall order that the applicant’s record in respect of that offence be suspended if the applicant has been convicted only of an offence referred to in that subsection and has not been convicted of a new offence under an Act of Parliament, other than an offence referred to in that subsection.

  • Marginal note:Exception to revocation

    (1.2) A record suspension ordered under subsection (1.1) may not be revoked by the Board under paragraph 7(b).

  • 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:Factors

    (3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider

    • (a) the nature, gravity and duration of the offence;

    • (b) the circumstances surrounding the commission of the offence;

    • (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

    • (d) any factor that is prescribed by regulation.

  • 1992, c. 22, s. 4
  • 2010, c. 5, s. 3
  • 2012, c. 1, s. 116
  • 2019, c. 20, s. 5

Marginal note:Inquiries

  •  (1) On receipt of an application for a record suspension, the Board

    • (a) shall cause inquiries to be made to ascertain whether the applicant is eligible to make the application;

    • (b) if the applicant is eligible, shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and

    • (c) may, in the case of an offence referred to in paragraph 4(1)(a), cause inquiries to be made with respect to any factors that it may consider in determining whether ordering the record suspension would bring the administration of justice into disrepute.

  • Marginal note:Restrictions on inquiries

    (1.1) The inquiries referred to in paragraph (1)(a), made with respect to an application referred to in subsection 4(3.1) or (3.11), are not to take into account the non-payment of any fine or victim surcharge imposed for any offence referred to in Schedule 3.

  • Marginal note:Restrictions on inquiries

    (1.2) The inquiries referred to in paragraphs (1)(b) and (c) do not apply to an application referred to in subsection 4(3.1) and, with respect to all other applications for a record suspension, are not to take into account any offence referred to in Schedule 3.

  • Marginal note:Entitlement to make representations

    (2) If the Board proposes to refuse to order a record suspension, it shall notify in writing the applicant of its proposal and advise the applicant 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, with the Board’s authorization, orally at a hearing held for that purpose.

  • Marginal note:Board to consider representations

    (3) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to the applicant pursuant to subsection (2).

  • Marginal note:Waiting period

    (4) An applicant may not re-apply for a record suspension until the expiration of one year after the day on which the Board refuses to order a record suspension.

  • 1992, c. 22, s. 4
  • 2000, c. 1, s. 2
  • 2010, c. 5, s. 4
  • 2012, c. 1, s. 117
  • 2019, c. 20, s. 6

Marginal note:Expiration of sentence

 For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account

  • (a) any period during which the offender could be entitled to statutory release or any period following a statutory release date; or

  • (b) any remission that stands to the credit of the offender in respect of the offence.

  • 1992, c. 22, s. 4

Marginal note:Functions of Executive Committee

 The Executive Committee shall, after the consultation with Board members that it considers appropriate, adopt policies relating to applications for record suspensions, including related inquiries and proceedings.

  • 2012, c. 1, s. 118

 [Repealed, 2012, c. 1, s. 119]

Custody of Records

Marginal note:Records to be delivered to Commissioner

  •  (1) The Minister may, by order in writing addressed to a person having the custody or control of a judicial record of a conviction in respect of which a record suspension has been ordered, require that person to deliver that record into the Commissioner’s custody.

  • Marginal note:Records to be kept separate and not be disclosed

    (2) A record of a conviction in respect of which a record suspension has been ordered that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records. Subject to subsection (2.1), no record of a conviction is to be disclosed to any person, nor is the existence of the record or the fact of the conviction to be disclosed to any person, without the prior approval of the Minister.

  • Marginal note:Limited disclosure

    (2.1) The prior approval of the Minister referred to in subsection (2) is not necessary for the purposes of sections 734.5 and 734.6 of the Criminal Code or section 145.1 of the National Defence Act for non-payment of a fine or victim surcharge that is imposed for an offence referred to in Schedule 3.

  • Marginal note:Approval for disclosure

    (3) The Minister shall, before granting the approval for disclosure referred to in subsection (2), satisfy himself that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.

  • Marginal note:Information in national DNA data bank

    (4) For greater certainty, a judicial record of a conviction includes any information in relation to the conviction that is contained in the convicted offenders index of the national DNA data bank established under the DNA Identification Act.

  • R.S., 1985, c. C-47, s. 6
  • 1998, c. 37, s. 25
  • 2000, c. 1, s. 5(E)
  • 2010, c. 5, s. 7.1(E)
  • 2012, c. 1, s. 120
  • 2019, c. 20, s. 6.1

Marginal note:Discharges

  •  (1) No record of a discharge under section 730 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if

    • (a) more than one year has elapsed since the offender was discharged absolutely; or

    • (b) more than three years have elapsed since the day on which the offender was ordered discharged on the conditions prescribed in a probation order.

  • Marginal note:Purging C.P.I.C.

    (2) The Commissioner shall remove all references to a discharge under section 730 of the Criminal Code from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police on the expiration of the relevant period referred to in subsection (1).

  • 1992, c. 22, s. 6
  • 1995, c. 22, s. 17(E)
  • 2019, c. 27, s. 37(E)
 
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