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

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Act current to 2020-05-04 and last amended on 2019-08-01. Previous Versions

Custody of Records (continued)

Marginal note:Disclosure to police forces

 Despite sections 6 and 6.1, the name, date of birth and last known address of a person whose record is suspended under section 4.1 or who has received a discharge referred to in section 6.1 may be disclosed to a police force if a fingerprint, identified as that of the person, is found

  • (a) at the scene of a crime during an investigation of the crime; or

  • (b) during an attempt to identify a deceased person or a person suffering from amnesia.

  • 1992, c. 22, s. 6
  • 2012, c. 1, s. 121

Definition of vulnerable person

  •  (1) In this section, vulnerable person means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent,

    • (a) is in a position of dependency on others; or

    • (b) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.

  • Marginal note:Notation of records

    (2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether there is a record of an individual’s conviction for an offence listed in Schedule 2 in respect of which a record suspension has been ordered.

  • Marginal note:Verification

    (3) At the request of any person or organization responsible for the well-being of a child or vulnerable person and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if

    • (a) the position is one of trust or authority towards that child or vulnerable person; and

    • (b) the applicant has consented in writing to the verification.

  • Marginal note:Unauthorized use

    (4) Except as authorized by subsection (3), no person shall verify whether a person is the subject of a notation made in accordance with subsection (2).

  • Marginal note:Request to forward record to Minister

    (5) A police force or other authorized body that identifies an applicant for a position referred to in paragraph (3)(a) as being a person who is the subject of a notation made in accordance with subsection (2) shall request the Commissioner to provide the Minister with any record of a conviction of that applicant, and the Commissioner shall transmit any such record to the Minister.

  • Marginal note:Disclosure by Minister

    (6) The Minister may disclose to the police force or other authorized body all or part of the information contained in a record transmitted by the Commissioner pursuant to subsection (5).

  • Marginal note:Disclosure to person or organization

    (7) A police force or other authorized body shall disclose the information referred to in subsection (6) to the person or organization that requested a verification if the applicant for a position has consented in writing to the disclosure.

  • Marginal note:Use of information

    (8) A person or organization that acquires information under this section in relation to an application for a position shall not use it or communicate it except in relation to the assessment of the application.

  • Marginal note:Amendment of Schedule 2

    (9) The Governor in Council may, by order, amend Schedule 2 by adding or deleting a reference to an offence.

  • 2000, c. 1, s. 6
  • 2010, c. 5, s. 6
  • 2012, c. 1, s. 122

Marginal note:Operation of section 6.3

 Section 6.3 applies in respect of a record of a conviction for any offence in respect of which a record suspension has been ordered regardless of the date of the conviction.

  • 2000, c. 1, s. 6
  • 2010, c. 5, ss. 7.1(E), 7.4(F)
  • 2012, c. 1, s. 123

Revocation

Marginal note:Revocation of record suspension

 A record suspension may be revoked by the Board

  • (a) if the person to whom it relates is subsequently convicted of an offence referred to in paragraph 4(1)(b), other than an offence referred to in subparagraph 7.2(a)(ii);

  • (b) on evidence establishing to the satisfaction of the Board that the person to whom it relates is no longer of good conduct; or

  • (c) on evidence establishing to the satisfaction of the Board that the person to whom it relates knowingly made a false or deceptive statement in relation to the application for the record suspension, or knowingly concealed some material particular in relation to that application.

  • R.S., 1985, c. C-47, s. 7
  • 1992, c. 22, s. 7
  • 2010, c. 5, s. 7.1(E)
  • 2012, c. 1, s. 124

Marginal note:Entitlement to make representations

  •  (1) If the Board proposes to revoke a record suspension, it shall notify in writing the person to whom it relates of its proposal and advise that person 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

    (2) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to a person under subsection (1).

  • 1992, c. 22, s. 7
  • 2000, c. 1, s. 7
  • 2010, c. 5, s. 7.1(E)
  • 2012, c. 1, s. 125

Marginal note:Cessation of effect of record suspension

 A record suspension ceases to have effect if

  • (a) the person to whom it relates is subsequently convicted of

    • (i) an offence referred to in paragraph 4(1)(a), or

    • (ii) an offence under the Criminal Code, other than an offence under subsection 320.14(1) or 320.15(1) of that Act, the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction; or

  • (b) the Board is convinced by new information that the person was not eligible for the record suspension when it was ordered.

  • 1992, c. 22, s. 7
  • 2000, c. 1, s. 7
  • 2010, c. 5, ss. 6.1(E), 7.1(E), 7.3(F)
  • 2012, c. 1, s. 126
  • 2018, c. 16, ss. 165, 193, c. 21, s. 42

General

Marginal note:Applications for employment

 No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect:

  • (a) employment in any department as defined in section 2 of the Financial Administration Act;

  • (b) employment by any Crown corporation as defined in section 83 of the Financial Administration Act;

  • (c) enrolment in the Canadian Forces; or

  • (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

  • R.S., 1985, c. C-47, s. 8
  • 1992, c. 22, s. 8
  • 2010, c. 5, s. 7.1(E)
  • 2012, c. 1, s. 127

Marginal note:Saving of other pardons

 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy or the provisions of the Criminal Code relating to pardons, except that sections 6 and 8 apply in respect of any pardon granted pursuant to the royal prerogative of mercy or those provisions.

  • R.S., 1985, c. C-47, s. 9
  • 1992, c. 22, s. 9

Marginal note:Disclosure of decisions

 The Board may disclose decisions that order or refuse to order record suspensions. However, it may not disclose information that could reasonably be expected to identify an individual unless the individual authorizes the disclosure in writing.

  • 2012, c. 1, s. 128
 
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