Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Criminal Records Act. (Loi)

children

children has the same meaning as in subsection 6.3(1) of the Act. (enfant)

vulnerable persons

vulnerable persons has the same meaning as in subsection 6.3(1) of the Act. (personne vulnérable)

Determination Relating to the Granting of a Pardon

1.1 For the purposes of paragraph 4.1(3)(d) of the Act, in determining whether granting a pardon to an applicant would bring the administration of justice into disrepute, the Board may consider whether

• (a) the commission of the offence constituted a threat to the safety or security of Canada;

• (b) the offence constituted an offence against the administration of law and justice, within the meaning of Part IV of the Criminal Code, that was prosecuted by way of indictment;

• (c) the offence was a serious personal injury offence, as defined in section 752 of the Criminal Code;

• (d) the commission of the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor;

• (e) the offence was a service offence

  • (i) that is set out in sections 73 to 82 of the National Defence Act and for which the applicant received a sentence of imprisonment for life, or

  • (ii) that is set out in section 130 of the National Defence Act and that is also an offence referred to in any of paragraphs (a) to (d) and (f) to (h) of this section;

• (f) the commission of the offence caused serious physical or psychological injury to another person;

• (g) the offence constituted a fraudulent transaction relating to contracts and trade within the meaning of Part X of the Criminal Code, and any of the following apply:

  • (i) the value of the fraud committed exceeded one million dollars,

  • (ii) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market,

  • (iii) the offence involved a large number of victims,

  • (iv) in committing the offence, the applicant took advantage of the high regard in which the applicant was held in the community;

• (h) the commission of the offence involved the use of cruelty or the harming of children or vulnerable persons;

• (i) the applicant has a criminal record outside Canada for an offence that, if it were committed in Canada, could have been an offence prosecuted by way of indictment in Canada; or

• (j) the applicant’s criminal record demonstrates a pattern of criminal activity within the meaning of subsections 462.37(2.04) and (2.05) of the Criminal Code or a pattern of increasing gravity of offence.

Consent for Verification

• 2 (1) For the purpose of subsection 6.3(3) of the Act, a consent in writing, by an applicant referred to in that subsection, for a member of a police force or other authorized body to verify whether the applicant is the subject of a notation made in accordance with subsection 6.3(2) of the Act must contain

  • (a) information sufficient to identify the applicant for the purpose of the verification, including the applicant’s full name, sex, date of birth, place of birth and address as well as the person’s previous addresses, if any, within the last five years;

  • (b) the name of the person or organization that is responsible for the well-being of one or more children or vulnerable persons and to whom or to which the applicant is making an application for a paid or volunteer position;

  • (c) a description of that position sufficient to enable a member of a police force or other authorized body to be satisfied that the position is a position of authority or trust relative to those children or vulnerable persons; and

  • (d) a statement that the applicant understands that, as a result of giving the consent

    • (i) a record of any conviction of the applicant for a sexual offence listed in the schedule to the Act shall be provided by the Commissioner of the Royal Canadian Mounted Police to the Minister, even though a pardon has been granted or issued for the offence,

    • (ii) the Minister may disclose all or part of the information contained in the record to a police force or other authorized body, and

    • (iii) the police force or other authorized body shall disclose the information to the applicant and, with the consent in writing of the applicant, disclose it to the person or organization that requested the verification.

• (2) The consent may be in Form 1 of the schedule.

Consent for Disclosure

• 3 (1) For the purpose of subsection 6.3(7) of the Act, a consent in writing by an applicant referred to in that subsection must contain the information referred to in paragraphs 2(1)(a) to (c) and a statement that the applicant understands that, as a result of giving the consent, information contained in a record of any conviction of the applicant for a sexual offence listed in the schedule to the Act shall be disclosed by a police force or other authorized body to the person or organization referred to in that subsection, even though a pardon has been granted or issued for the offence.

• (2) The consent may be in Form 2 of the schedule.

Considerations Relating to Disclosure of Information

4 The Minister must have regard to the following factors in considering whether to authorize a disclosure under the Act of a record of an applicant’s conviction for an offence:

• (a) the offences for which the applicant has been convicted, including those for which pardons have been granted or issued, and the relevancy of the offences to the purpose for which disclosure is being considered;

• (b) the nature of the offences referred to in paragraph (a), including whether the offences involve

  • (i) violence,

  • (ii) children or vulnerable persons, or

  • (iii) breach of trust;

• (c) the length of time since the applicant committed offences for which pardons have been granted or issued;

• (d) the age of the applicant at the time the applicant committed offences for which pardons have been granted or issued; and

• (e) the sentences imposed for offences committed by the applicant, including those offences for which pardons have been granted or issued.

Coming into Force

Footnote ^*5 These Regulations come into force on the day on which section 8 of An Act to amend the Criminal Records Act and to amend another Act in consequence, being chapter 1 of the Statutes of Canada, 2000, comes into force.

• Return to footnote ^*[Note: Regulations in force August 1, 2000, see SI/2000-73.]

SCHEDULE(Subsections 2(2) and 3(2))

FORM 1Consent for a Criminal Record Search for a Sexual Offence for Which a Pardon Has Been Granted or Issued

This form is to be used by a person applying for a position with a person or organization responsible for the well-being of one or more children or vulnerable persons, if the position is a position of authority or trust relative to those children or vulnerable persons and the applicant wishes to consent to a search being made in criminal conviction records to determine if the applicant has been convicted of a sexual offence listed in the schedule to the Criminal Records Act and has been pardoned.

Identification of the Applicant

• Full name:
• Sex:
• Date of birth:
• Place of birth:
• Address:
• Previous addresses (if any) within the last five years:

Reason for the Consent

I am an applicant for a paid or volunteer position with a person or organization responsible for the well-being of one or more children or vulnerable persons.

Description of the paid or volunteer position:

Name of the person or organization:

Provide details regarding the children or vulnerable persons:

Consent

I consent to a search being made in the automated criminal records retrieval system maintained by the Royal Canadian Mounted Police to find out if I have been convicted of, and have been granted or issued a pardon for, any of the sexual offences that are listed in the schedule to the Criminal Records Act.

I understand that if, as a result of giving this consent, a search discloses that there is a record of my conviction for one of the sexual offences listed in the schedule to the Criminal Records Act in respect of which a pardon was granted or issued, that record shall be provided by the Commissioner of the Royal Canadian Mounted Police to the Solicitor General of Canada, who may then disclose all or part of the information contained in that record to a police force or other authorized body. That police force or authorized body will then disclose that information to me. If I further consent in writing to disclosure of that information to the person or organization referred to above that requested the verification, that information will be disclosed to that person or organization.

(Signature)

FORM 2Consent to Disclosure of Record

This form is to be used by a person who has consented to a search being made in criminal conviction records by completing the form entitled “Consent for a Criminal Record Search for a Sexual Offence for Which a Pardon Has Been Granted or Issued” and who wishes to consent to the disclosure of information obtained in that search to the person or organization who requested the search.

Identification of Person Consenting

• Full name:
• Sex:
• Date of birth:
• Place of birth:
• Address:
• Previous addresses (if any) within the last five years:

Reason for the Consent

I am an applicant for a paid or volunteer position with a person or organization responsible for the well-being of one or more children or vulnerable persons.

Description of the paid or volunteer position:

Name of the person or organization:

Provide details regarding the children or vulnerable persons:

Consent

I consent to information contained in a criminal record, found as a result of a criminal record search for a sexual offence for which a pardon has been granted or issued, being disclosed by a police force or other authorized body to the person or organization referred to above to whom or to which I am applying or have applied for a paid or volunteer position.

I understand that as a result of giving this consent, that information will be disclosed by the police force or other authorized body to the person or organization, even though a pardon has been granted or issued for the offence.

(Signature)