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Expungement of Historically Unjust Convictions Act (S.C. 2018, c. 11)

Act current to 2024-04-01 and last amended on 2023-02-17. Previous Versions

SCHEDULE(Section 3, subsection 5(1), section 7, subsection 9(1) and sections 23 to 25)

  • 1 
    the offence of gross indecency or an attempt to commit gross indecency under any of the following:
    • (a) 
      section 178 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      section 206 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
    • (c) 
      section 206 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
    • (d) 
      section 149 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (e) 
      section 149 of the Criminal Code, as adapted by section 149A of that Act, as enacted by section 7 of chapter 38 of the Statutes of Canada, 1968-69;
    • (f) 
      section 157 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (g) 
      section 161 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 2 
    the offence of buggery under any of the following:
    • (a) 
      section 174 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      section 202 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
    • (c) 
      section 202 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927.
  • 3 
    the offence of an attempt to commit buggery under any of the following:
    • (a) 
      section 175 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      section 203 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
    • (c) 
      section 203 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927.
  • 4 
    the offence of buggery or an attempt to commit buggery under any of the following:
    • (a) 
      section 147 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (b) 
      section 147 of the Criminal Code, as adapted by section 149A of that Act, as enacted by section 7 of chapter 38 of the Statutes of Canada, 1968-69;
    • (c) 
      section 155 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (d) 
      section 160 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 5 
    the offence of anal intercourse or an attempt to commit anal intercourse under section 159 of the Criminal Code, as enacted by section 3 of chapter 19 of the 3rd Supplement to the Revised Statutes of Canada, 1985.
  • 6 
    an offence under the National Defence Act or any previous version of that Act for an act or omission that constitutes an offence listed in items 1 to 5.
  • 7 
    the offences relating to a common bawdy-house under any of the following:
    • (a) 
      section 198 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      section 228 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906, and as amended by section 2 of chapter 9 of the Statutes of Canada, 1909;
    • (c) 
      sections 228 and 229 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
    • (d) 
      section 182 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (e) 
      section 193 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (f) 
      section 210 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 8 
    the offences relating to a common bawdy-house under any of the following:
    • (a) 
      section 183 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (b) 
      section 194 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (c) 
      section 211 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 9 
    the offence of doing an indecent act under any of the following:
    • (a) 
      section 177 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      section 205 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
    • (c) 
      section 205 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
    • (d) 
      section 158 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (e) 
      section 169 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (f) 
      section 173 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985;
    • (g) 
      subsection 173(1) of the Criminal Code, as amended by section 7 of Chapter 19 of the 3rd Supplement to the Revised Statutes of Canada, 1985, section 54 of chapter 6 of the Statutes of Canada, 2008, section 2 of chapter 17 of the Statutes of Canada, 2010 and section 23 of Chapter 1 of the Statutes of Canada, 2012.
  • 10 
    the offence of publicly exhibiting a disgusting object or an indecent show under any of the following:
    • (a) 
      paragraph 179(b) of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      paragraph 207(b) of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
    • (c) 
      paragraph 207(b) of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
    • (d) 
      paragraph 150(2)(b) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (e) 
      paragraph 159(2)(b) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (f) 
      paragraph 163(2)(b) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 11 
    the offence of openly exposing or exhibiting an indecent exhibition in a public place under any of the following:
    • (a) 
      paragraph 160(b) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (b) 
      paragraph 171(b) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970, and as amended by section 9 of chapter 93 of the Statutes of Canada, 1974-75-76;
    • (c) 
      paragraph 175(1)(b) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 12 
    the offences relating to an immoral, indecent or obscene play, opera, concert, acrobatic, variety or vaudeville performance, performance, entertainment or representation in a theatre under any of the following:
    • (a) 
      section 208 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
    • (b) 
      section 208 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
    • (c) 
      section 152 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (d) 
      section 163 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (e) 
      section 167 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 13 
    the offences relating to nudity under any of the following:
    • (a) 
      section 159 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (b) 
      section 170 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (c) 
      section 174 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 14 
    the offence of procuring a miscarriage of a woman or female person under any of the following:
    • (a) 
      section 272 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      section 303 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
    • (c) 
      section 303 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
    • (d) 
      subsection 237(1) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (e) 
      subsection 251(1) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (f) 
      subsection 287(1) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 15 
    the offence of a pregnant woman or female person procuring her own miscarriage under any of the following:
    • (a) 
      section 273 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      section 304 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
    • (c) 
      section 304 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
    • (d) 
      subsection 237(2) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (e) 
      subsection 251(2) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (f) 
      subsection 287(2) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 16 
    the offences relating to a means or method for preventing conception or causing an abortion or miscarriage under any of the following:
    • (a) 
      paragraph 179(c) of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      paragraph 207(c) of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906, and as amended by section 8 of chapter 13 of the Statutes of Canada, 1913 ;
    • (c) 
      paragraph 207(c) of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
    • (d) 
      paragraph 150(2)(c) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (e) 
      paragraph 159(2)(c) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (f) 
      paragraph 163(2)(c) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 17 
    the offence of supplying or procuring any drug or other noxious thing, instrument or thing, to procure a miscarriage of a woman or a female person under any of the following:
    • (a) 
      section 274 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
    • (b) 
      section 305 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
    • (c) 
      section 305 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
    • (d) 
      section 238 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
    • (e) 
      section 252 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
    • (f) 
      section 288 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
  • 18 
    an offence under the National Defence Act or any previous version of that Act for an act or omission that constitutes an offence listed in items 7 to 17.
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