Marginal note:Expiration of sentence
4.3 For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account
(a) any period during which the offender could be entitled to statutory release or any period following a statutory release date; or
(b) any remission that stands to the credit of the offender in respect of the offence.
- 1992, c. 22, s. 4.
Marginal note:Functions of Executive Committee
4.4 The Executive Committee shall, after the consultation with Board members that it considers appropriate, adopt policies relating to applications for record suspensions, including related inquiries and proceedings.
- 2012, c. 1, s. 118.
5. [Repealed, 2012, c. 1, s. 119]
CUSTODY OF RECORDS
Marginal note:Records to be delivered to Commissioner
6. (1) The Minister may, by order in writing addressed to a person having the custody or control of a judicial record of a conviction in respect of which a record suspension has been ordered, require that person to deliver that record into the Commissioner’s custody.
Marginal note:Records to be kept separate and not to be disclosed
(2) A record of a conviction in respect of which a record suspension has been ordered that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records. No such record shall be disclosed to any person, nor shall the existence of the record or the fact of the conviction be disclosed to any person, without the prior approval of the Minister.
Marginal note:Approval for disclosure
(3) The Minister shall, before granting the approval for disclosure referred to in subsection (2), satisfy himself that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.
Marginal note:Information in national DNA data bank
(4) For greater certainty, a judicial record of a conviction includes any information in relation to the conviction that is contained in the convicted offenders index of the national DNA data bank established under the DNA Identification Act.
- R.S., 1985, c. C-47, s. 6;
- 1998, c. 37, s. 25;
- 2000, c. 1, s. 5(E);
- 2010, c. 5, s. 7.1(E);
- 2012, c. 1, s. 120.
6.1 (1) No record of a discharge under section 730 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if
(a) more than one year has elapsed since the offender was discharged absolutely; or
(b) more than three years have elapsed since the offender was discharged on the conditions prescribed in a probation order.
Marginal note:Purging C.P.I.C.
(2) The Commissioner shall remove all references to a discharge under section 730 of the Criminal Code from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police on the expiration of the relevant period referred to in subsection (1).
- 1992, c. 22, s. 6;
- 1995, c. 22, s. 17(E).
- Date modified: