24 The Governor in Council may, by order, establish the criteria related to an offence listed in the schedule that must be satisfied for expungement of a conviction to be ordered.
Same-Sex Sexual Offences
Marginal note:Offences listed in items 1 to 6 of schedule
25 An application for an expungement order for a conviction in respect of the offences listed in items 1 to 6 of the schedule must include evidence that the following criteria are satisfied:
(a) the activity for which the person was convicted was between persons of the same sex;
(b) the persons other than the person who was convicted had given their consent to participate in the activity; and
(c) the persons who participated in the activity were 16 years of age or older at the time the activity occurred or the person who was convicted would have been able to rely on a defence under section 150.1 of the Criminal Code, had that defence been available in respect of the offence.
Sex Offender Information Registration Act
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