Marginal note:1992, c. 22, s. 2(1); 2010, c. 5, ss. 7.2(E) and 7.5(F)

110. Section 2.1 of the Act is replaced by the following:

Marginal note:1992, c. 22, s. 2(1)

• 111. (1) Subsection 2.2(1) of the Act is replaced by the following:

  Marginal note:Quorum

  • 2.2 (1) An application for a record suspension shall be determined, and a decision whether to revoke a record suspension under section 7 shall be made, by a panel that consists of one member of the Board.

• Marginal note:1992, c. 22, ss. 2(1) and (2)(E)

  (2) Subsection 2.2(2) of the English version of the Act is replaced by the following:

  • Marginal note:Panel of two or more persons

    (2) The Chairperson of the Board may direct that the number of members of the Board required to constitute a panel to determine an application for a record suspension, to decide whether to revoke a record suspension under section 7 or to determine any class of those applications or make any class of those decisions shall be greater than one.

112. The Act is amended by adding the following after section 2.2:

113. The heading before section 3 of the Act is replaced by the following:

Marginal note:1992, c. 22, s. 3; 2004, c. 21, par. 40(1)(b)

114. Subsection 3(1) of the Act is replaced by the following:

Marginal note:1997, c. 17, s. 38; 2010, c. 5, s. 2

115. Sections 4 and 4.01 of the Act are replaced by the following:

Marginal note:2010, c. 5, s. 3

• 116. (1) Subsections 4.1(1) and (2) of the Act are replaced by the following:

  Marginal note:Record suspension

  • 4.1 (1) The Board may order that an applicant’s record in respect of an offence be suspended 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: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:2010, c. 5, s. 3

  (2) The portion of subsection 4.1(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Factors

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

• Marginal note:2010, c. 5, s. 3

  (3) Paragraph 4.1(3)(c) of the Act is replaced by the following:

  • (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

Marginal note:2010, c. 5, s. 4

• 117. (1) Subsections 4.2(1) and (2) of the Act are replaced by the following:

  Marginal note:Inquiries

  • 4.2 (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: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:2000, c. 1, s. 2

  (2) Subsection 4.2(4) of the Act is replaced by the following:

  • 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.

118. The Act is amended by adding the following after section 4.3:

Marginal note:1992, c. 22, s. 5; 2000, c. 1, s. 3; 2010, c. 5, s. 5, c. 17, s. 64

119. Section 5 of the Act and the heading before it are repealed.

Marginal note:2000, c. 1, s. 5(E); 2010, c. 5, par. 7.1(b)(E)

120. Subsections 6(1) and (2) of the Act are replaced by the following:

Marginal note:1992, c. 22, s. 6

121. The portion of section 6.2 of the Act before paragraph (a) is replaced by the following:

Marginal note:2000, c. 1, s. 6; 2010, c. 5, s. 6(1)

• 122. (1) Subsections 6.3(1) to (3) of the Act are replaced by the following:

  Definition of “vulnerable person”

  • 6.3 (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:2010, c. 5, s. 6(2)

  (2) Subsection 6.3(9) of the Act is replaced by the following:

  • 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.

Marginal note:2000, c. 1, s. 6; 2010, c. 5, par. 7.1(c)(E) and s. 7.4(F)

123. Section 6.4 of the Act is replaced by the following:

Marginal note:1992, c. 22, s. 7; 2010, c. 5, par. 7.1(d)(E)

124. Section 7 of the Act is replaced by the following:

Marginal note:2000, c. 1, s. 7; 2010, c. 5, par. 7.1(e)(E)

• 125. (1) Subsection 7.1(1) of the Act is replaced by the following:

  Marginal note:Entitlement to make representations

  • 7.1 (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:2000, c. 1, s. 7

  (2) Subsection 7.1(2) of the English version of the Act is replaced by the following:

  • 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).

Marginal note:2000, c. 1, s. 7; 2010, c. 5, s. 6.1(E) and par. 7.1(f)(E) and 7.3(b)(F)

126. Section 7.2 of the Act is replaced by the following: