Safe Streets and Communities Act (S.C. 2012, c. 1)
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Assented to 2012-03-13
PART 3POST-SENTENCING
1998, c. 37DNA Identification Act
148. Subsection 10(8) of the DNA Identification Act is replaced by the following:
Marginal note:When record suspension is in effect
(8) Despite anything in this section, stored bodily substances of a person in respect of whom a record suspension, as defined in subsection 2(1) of the Criminal Records Act, is in effect shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any person.
2001, c. 27Immigration and Refugee Protection Act
149. Paragraph 36(3)(b) of the Immigration and Refugee Protection Act is replaced by the following:
(b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;
150. Paragraph 53(f) of the Act is replaced by the following:
(f) the effect of a record suspension under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and
2010, c. 5Limiting Pardons for Serious Crimes Act
151. The Limiting Pardons for Serious Crimes Act is amended by adding the following after section 11:
Marginal note:Pardons in effect — Criminal Records Act
12. The Criminal Records Act, as it read immediately before the day on which this Act comes into force, applies to a pardon that was granted or issued before that day and that has not been revoked or ceased to have effect.
Marginal note:Coming into force
13. Section 12 is deemed to have come into force on June 29, 2010.
R.S., c. N-5National Defence Act
Marginal note:1991, c. 43, s. 18
152. Paragraph 202.14(2)(h) of the National Defence Act is replaced by the following:
(h) the National Parole Board or any provincial parole board may take the finding into account in considering an application by that person for parole or for a record suspension under the Criminal Records Act in respect of any other offence.
Marginal note:2007, c. 5, s. 4
153. (1) The definition “réhabilitation” in section 227 of the French version of the Act is repealed.
Marginal note:2007, c. 5, s. 4
(2) The definition “pardon” in section 227 of the English version of the Act is replaced by the following:
“pardon”
« pardon »
“pardon” means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked.
(3) Section 227 of the Act is amended by adding the following in alphabetical order:
“record suspension”
« suspension du casier »
“record suspension” means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect.
(4) Section 227 of the French version of the Act is amended by adding the following in alphabetical order:
« pardon »
“pardon”
pardon Pardon conditionnel accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 du Code criminel qui n’a pas été révoqué.
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:
Marginal note:Pardon or record suspension
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
Marginal note:Re-application
(5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or under section 36.1 of the International Transfer of Offenders Act or to an order under section 227.01 of this Act or section 490.012 of the Criminal Code.
2002, c. 1Youth Criminal Justice Act
156. Paragraph 82(1)(d) of the Youth Criminal Justice Act is replaced by the following:
(d) the National Parole Board or any provincial parole board may consider the finding of guilt in considering an application for conditional release or for a record suspension under the Criminal Records Act.
157. Subparagraph 119(1)(n)(iii) of the Act is replaced by the following:
(iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person, whether as a young person or an adult,
158. Subparagraph 120(4)(c)(iii) of the Act is replaced by the following:
(iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person after the young person becomes an adult.
159. Subsection 128(5) of the Act is replaced by the following:
Marginal note:Exception
(5) Despite subsections (1), (2) and (4), an entry that is contained in a system maintained by the Royal Canadian Mounted Police to match crime scene information and that relates to an offence committed or alleged to have been committed by a young person shall be dealt with in the same manner as information that relates to an offence committed by an adult for which a record suspension ordered under the Criminal Records Act is in effect.
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.
Coming into Force
Marginal note:Order in council
166. (1) The provisions of this Part, other than sections 108 to 146, 148 to 159 and 161 to 165, come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Sections 135 and 136 come into force on a day to be fixed by order of the Governor in Council.
PART 4YOUTH CRIMINAL JUSTICE
2002, c. 1Youth Criminal Justice Act
Amendments to the Act
167. (1) The definition “presumptive offence” in subsection 2(1) of the Youth Criminal Justice Act is repealed.
(2) The definition “serious violent offence” in subsection 2(1) of the Act is replaced by the following:
“serious violent offence”
« infraction grave avec violence »
“serious violent offence” means an offence under one of the following provisions of the Criminal Code:
(a) section 231 or 235 (first degree murder or second degree murder);
(b) section 239 (attempt to commit murder);
(c) section 232, 234 or 236 (manslaughter); or
(d) section 273 (aggravated sexual assault).
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“serious offence”
« infraction grave »
“serious offence” means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for five years or more.
“violent offence”
« infraction avec violence »
“violent offence” means
(a) an offence committed by a young person that includes as an element the causing of bodily harm;
(b) an attempt or a threat to commit an offence referred to in paragraph (a); or
(c) an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm.
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