PAROLE BOARD OF CANADA
Marginal note:Jurisdiction of the Board
2.1 The Board has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension.
- 1992, c. 22, s. 2;
- 2010, c. 5, ss. 7.2(E), 7.5(F);
- 2012, c. 1, s. 110.
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: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.
- 1992, c. 22, s. 2;
- 2012, c. 1, s. 111.
EFFECT OF RECORD SUSPENSION
Marginal note:Effect of record suspension
2.3 A record suspension
(a) is evidence of the fact that
(i) the Board, after making inquiries, was satisfied that the applicant was of good conduct, and
(ii) the conviction in respect of which the record suspension is ordered should no longer reflect adversely on the applicant’s character; and
(b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament — other than section 109, 110, 161, 259, 490.012, 490.019 or 490.02901 of the Criminal Code, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.
- 2012, c. 1, s. 112.
APPLICATION FOR RECORD SUSPENSION
Marginal note:Application for record suspension
3. (1) Subject to section 4, a person who has been convicted of an offence under an Act of Parliament may apply to the Board for a record suspension in respect of that offence, and a Canadian offender, within the meaning of the International Transfer of Offenders Act, who has been transferred to Canada under that Act may apply to the Board for a record suspension in respect of the offence of which he or she has been found guilty.
Marginal note:Transfer of offenders
(2) For the purposes of this Act, the offence of which a Canadian offender within the meaning of the International Transfer of Offenders Act who has been transferred to Canada under that Act has been found guilty is deemed to be an offence that was prosecuted by indictment.
- R.S., 1985, c. C-47, s. 3;
- 1992, c. 22, s. 3;
- 2004, c. 21, s. 40;
- 2012, c. 1, s. 114.
- Date modified: