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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 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. Subject to subsection (2.1), no record of a conviction is to be disclosed to any person, nor is the existence of the record or the fact of the conviction to be disclosed to any person, without the prior approval of the Minister.

• Marginal note:Limited disclosure

  (2.1) The prior approval of the Minister referred to in subsection (2) is not necessary for the purposes of sections 734.5 and 734.6 of the Criminal Code or section 145.1 of the National Defence Act for non-payment of a fine or victim surcharge that is imposed for an offence referred to in Schedule 3.

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• 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.

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Marginal note:Restrictions on application for record suspension

• 4 (1) Subject to subsections (3.1) and (3.11), a person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:

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• Marginal note:Ineligible persons

  (2) Subject to subsection (3), a person is ineligible to apply for a record suspension if he or she has been convicted of

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• Marginal note:Exception

  (3) A person who has been convicted of an offence referred to in Schedule 1 may apply for a record suspension if the Board is satisfied that

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• Marginal note:Offence referred to in Schedule 3

  (3.1) A person who has been convicted only of an offence referred to in Schedule 3 may apply for a record suspension in respect of that offence before the expiration of the period referred to in subsection (1).

• Marginal note:Other offences including at least one offence referred to in Schedule 3

  (3.11) A person who has been convicted of an offence referred to in Schedule 3 and other offences may only apply for a record suspension after the expiration of the period referred to in subsection (1), without taking into account any offence referred to in Schedule 3.

• Marginal note:Expiration according to law of sentence

  (3.2) A person is ineligible to make an application for a record suspension referred to in subsection (3.1) or (3.11) until after the expiration according to law of any sentence imposed, other than the payment of any fine or victim surcharge, for any offence referred to in Schedule 3.

• Marginal note:For greater certainty

  (3.21) For greater certainty, subsection (3.2) does not apply to fines and victim surcharges imposed for both an offence referred to in Schedule 3 and for other offences, in which case a person is ineligible to make an application for a record suspension referred to in subsection (3.11) until after all fines and victim surcharges have been paid.

• Marginal note:Fee not payable

  (3.3) Despite anything in an order made under the Financial Administration Act, a person who makes an application for a record suspension referred to in subsection (3.1) is not required to pay any fee for services provided by the Board in respect of that application if the person has been convicted only of an offence referred to in that subsection.

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• Marginal note:Information — application referred to in subsection (3.1)

  (4.11) For the purpose of an application referred to in subsection (3.1), the Board may not require a person who makes the application to provide a certified copy of information contained in court records in support of the application unless the certified verification of the applicant’s criminal records and information contained in the police records or Canadian Armed Forces records provided in support of the application are not sufficient to demonstrate that the person has been convicted only of an offence referred to in Schedule 3 and that the only sentence imposed for that offence was payment of a fine or victim surcharge or both.

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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.

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• 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.

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Marginal note:Effect of record suspension

2.3 A record suspension

• (a) is evidence of the fact that

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  • (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

  • (i) section 109, 110, 161, 320.24, 490.012, 490.019 or 490.02901 of the Criminal Code,

  • (ii) section 259 of the Criminal Code, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force,

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  • (iv) section 734.5 or 734.6 of the Criminal Code or section 145.1 of the National Defence Act, in respect of any fine or victim surcharge imposed for any offence referred to in Schedule 3, or

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Marginal note:Effect of record suspension

2.3 A record suspension

• (a) is evidence of the fact that

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  • (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, 320.24, 490.012, 490.019 or 490.02901 of the Criminal Code, section 259 of the Criminal Code, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, 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.

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