Criminal Records Act (R.S.C., 1985, c. C-47)

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

GENERAL

Marginal note:Applications for employment

8. No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect:

  • (a) employment in any department as defined in section 2 of the Financial Administration Act;

  • (b) employment by any Crown corporation as defined in section 83 of the Financial Administration Act;

  • (c) enrolment in the Canadian Forces; or

  • (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

  • R.S., 1985, c. C-47, s. 8;
  • 1992, c. 22, s. 8;
  • 2010, c. 5, s. 7.1(E);
  • 2012, c. 1, s. 127.
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Marginal note:Saving of other pardons

9. Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy or the provisions of the Criminal Code relating to pardons, except that sections 6 and 8 apply in respect of any pardon granted pursuant to the royal prerogative of mercy or those provisions.

  • R.S., 1985, c. C-47, s. 9;
  • 1992, c. 22, s. 9.
Marginal note:Disclosure of decisions

9.01 The Board may disclose decisions that order or refuse to order record suspensions. However, it may not disclose information that could reasonably be expected to identify an individual unless the individual authorizes the disclosure in writing.

  • 2012, c. 1, s. 128.
Marginal note:Regulations

9.1 The Governor in Council may make regulations

  • (a) respecting the making of notations in respect of records of conviction, and the verification of such records, for the purposes of section 6.3;

  • (b) prescribing the factors that the Minister must have regard to in considering whether to authorize a disclosure under this Act of a record of a conviction;

  • (c) respecting the consent given by applicants to the verification of records and the disclosure of information contained in them, including the information to be given to applicants before obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3) and (7);

  • (c.1) prescribing factors for the purposes of paragraph 4.1(3)(d);

  • (c.2) respecting the disclosure of decisions under section 9.01; and

  • (d) generally for carrying out the purposes and provisions of this Act.

  • 1992, c. 22, s. 9;
  • 2000, c. 1, s. 8;
  • 2010, c. 5, s. 7;
  • 2012, c. 1, s. 129.
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